Nigeria’s apex court on Tuesday struck out a suit filed by the Bayelsa state government, challenging the rights or position of Rivers State government over the controversial Soku oilfield.
The apex court in its pronouncement noted that by praying the supreme court to make a Judicial declaration on the subject matter which is still before the Court of Appeal pending adjudication, the government of Bayelsa stat was engaging in what it called abuse of court processes.
Recall that Bayelsa State government during the tenure of Governor Seriake Dickson had approached the highest Court in the land to make a declaration of the disputed Soku Oilfield between Bayelsa and its sister state, Rivers.
This was after a Federal High Court in Abuja had directed Bayelsa state to effect a refund of its “13 percent derivation it had received over the years from disputed Soku oilfield, to Rivers State.”
However, at the resumed hearing of the subject matter Today, the learned Justice Ngwuta, who headed a panel of 7 other justices of the apex court, expressed shock and surprise as to why the Bayelsa State government resolved approach the apex court when it hasn’t exhausted the designated court processes.
According to him there were still on-going steps to challenge the judgement of the Federal High Court at the Court of Appeal, a move which runs counter to any further adjudication at the apex court at this point in time.
Ngwuta noted that Bayelsa State was engaging in wild goose chase and attempting to jump the gun and action that would be tantamount to abuse of court processes.
According to him, the apex Court cannot assume jurisdiction on a matter relating to a High Court. Accordingly, the apex court asked the Bayelsa State government to take its grievances to the Court of Appeal.
Against this background, the matter was formally withdrawn by the counsel to the Bayelsa State government, Kemsauode Wodu.
Recall that Justice I. Ekwo of the Federal High Court, Abuja, had while delivering ruling in Suit Number FHC/ABJ/CS/984/19,filed by Attorney-General of Rivers State against the National Boundary Commission, based on documents from relevant government agencies , upheld the position of Rivers state to the effect that Soku oilfields belong to Rivers State.
Justice I. Ekwo had similarly declared that the refusal of the National Boundary Commission to correct the admitted mistake in the 11th edition of the administrative map of Nigeria since 2002 which erroneously showed St Batholomew River instead of River Santa Barbara as the interstate Boundary between Rivers and Bayelsa States , amounted to a grave violation of the National Boundary commission’s statutory duty and obligations.
The Judge also held that it was consequently an act of “disobedience of the order of the Supreme Court contained in its judgment delivered on 10/7/2012 in Suit Number SC. 106 /2009.”
