The Supreme Court has struck out a suit filed by the Bayelsa state
government over the disputed Soku oilfield belonging to Rivers State.
The apex court said the Bayelsa State government by seeking the
nullification of the Judgment of the Federal High Court, delivered in
favour of Rivers State when the Court of Appeal has not even ruled on
the matter, was an abuse of court process and forum shopping.
Bayelsa State government had filed Suit: SC/CV/649/2020 through its
Attorney General against the Attorney General of the Federation and
Attorney General of Rivers State,
after the Federal High Court in Abuja ordered it to refund the 13
percent derivation it had received over the years from Soku oilfield to
Rivers State.
Justice Ngwuta, who led a panel of 7 justices to hear the suit on
Tuesday, wondered why the Bayelsa State government decided to file the
suit at the apex court, whereas steps were being taken to challenge the
judgment of the Federal High Court at the Court of Appeal.
Justice Ngwuta observed that the Bayelsa State government was jumping
the gun and its action was tantamount to abuse of court process. He
asserted that there was no way the Supreme Court can make a
pronouncement on a judgment that was given by a Federal High Court when
the appellate court has not done so.
He explained that the Supreme Court does not have jurisdiction on a
matter relating to a High Court. To this end, he directed the Bayelsa
State government to take its grievances to the Court of Appeal.
It was on the basis that the counsel to the Bayelsa State government,
Kemsauode Wodu, applied for a formal withdrawal of the suit and it was
struck out by the Supreme Court.
It will be recalled that Justice Inyang Ekwo of the Federal High Court,
Abuja while delivering judgment 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, had
declared that the Soku oilfields belong to Rivers State.
Ekwo had noted that the failure and refusal of the National Boundary
Commission to rectify 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 the Bayelsa States, was a breach of
commission’s statutory duty and flagrant disobedience of the order of
the Supreme Court contained in its judgment delivered on 10/7/2012 in
Suit Number SC. 106 /2009.
The judge explained that the continued reliance on the said defective
11th edition of the administrative map of Nigeria by the other
government agencies/statutory bodies, particularly, the Revenue
Mobilisation , Allocation and Fiscal Commission and the Accountant
General of the Federation in the computation of revenue accruable to
Rivers State from the Federation Account has resulted in the continued
unjust denial of derivation funds accruing from the Soku oil wells
situate within Rivers State to the detriment of the State Government.
Justice Ekwo then directed that notice be served of the decision of the
Court on the Revenue Mobilisation, Allocation and Fiscal Commission,
and the Accountant General of the Federation.
The judge said the National Boundary Commission cannot unilateral
delineate boundaries between Rivers State and Bayelsa State after the
Supreme Court judgment on the matter and also dismissed an objection to
the suit raised by the National Boundary Commission because it lacked
merit.