The\u00a0 Supreme Court has struck out a suit filed by the Bayelsa state
\ngovernment over the disputed Soku oilfield belonging to Rivers State.<\/p>\n
The apex court said the Bayelsa State government by seeking the
\nnullification of the Judgment of the Federal High Court, delivered in
\nfavour of Rivers State when the Court of Appeal has not even ruled on
\nthe matter,\u00a0 was an abuse of court process and forum shopping.<\/p>\n
Bayelsa State government had filed Suit: SC\/CV\/649\/2020 through its
\nAttorney General against the Attorney General of the Federation and
\nAttorney General of Rivers State,
\nafter the Federal High Court in Abuja ordered it to refund the 13
\npercent derivation it had received over the years from Soku oilfield to
\nRivers State.<\/p>\n
Justice Ngwuta, who led a panel of 7 justices to hear the suit on
\nTuesday, wondered why the Bayelsa State government decided to file the
\nsuit at the apex court, whereas steps were being taken to challenge the
\njudgment of the Federal High Court at the Court of Appeal.<\/p>\n
Justice Ngwuta observed that the Bayelsa State government was jumping
\nthe gun and its action was tantamount to abuse of court process. He
\nasserted that there was no way the Supreme Court can make a
\npronouncement on a judgment that was given by a Federal High Court when
\nthe appellate court has not done so.<\/p>\n
He explained that the Supreme Court does not have jurisdiction on a
\nmatter relating to a High Court. To this end, he directed the Bayelsa
\nState government to take its grievances to the Court of Appeal.<\/p>\n
It was on the basis that the counsel to the Bayelsa State government,
\nKemsauode Wodu, applied for a formal withdrawal of the suit and it was
\nstruck out by the Supreme Court.<\/p>\n
It will be recalled that Justice Inyang Ekwo of the Federal High Court,
\nAbuja while delivering judgment in Suit Number FHC\/ABJ\/CS\/984\/19, filed
\nby Attorney-General of Rivers State against the National Boundary
\nCommission, based on documents from relevant government agencies, had
\ndeclared that the Soku oilfields belong to Rivers State.<\/p>\n
Ekwo had noted that the failure and refusal of the National Boundary
\nCommission to rectify the admitted mistake in the 11th edition of the
\nadministrative map of Nigeria since 2002 which erroneously showed St
\nBatholomew River instead of River Santa Barbara as the interstate
\nBoundary between Rivers and the Bayelsa States, was a breach of
\ncommission’s statutory duty and flagrant disobedience of the order of
\nthe Supreme Court contained in its judgment delivered on 10\/7\/2012 in
\nSuit Number SC. 106 \/2009.<\/p>\n
The judge explained that the continued reliance on the said defective
\n11th edition of the administrative map of Nigeria by the other
\ngovernment agencies\/statutory bodies, particularly, the Revenue
\nMobilisation , Allocation and Fiscal Commission and the Accountant
\nGeneral of the Federation in the computation of revenue accruable to
\nRivers State from the Federation Account has resulted in the continued
\nunjust denial of derivation funds accruing from the Soku oil wells
\nsituate within Rivers State to the detriment of the State Government.<\/p>\n
Justice Ekwo then directed that notice be served of the decision of the
\nCourt on the Revenue Mobilisation,\u00a0 Allocation and Fiscal Commission,
\nand the Accountant General of the Federation.<\/p>\n
The judge said the National Boundary Commission cannot unilateral
\ndelineate boundaries between Rivers State and Bayelsa State after the
\nSupreme Court judgment on the matter and also dismissed an objection to
\nthe suit raised by the National Boundary Commission because it lacked
\nmerit.<\/p>\n","protected":false},"excerpt":{"rendered":"
The\u00a0 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…<\/p>\n","protected":false},"author":1,"featured_media":76602,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-76601","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n