Oil Wells: Court Throws Out Rivers’ Suit Against Akwa Ibom (Posted: January 26, 2010)
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By Aniekan Umanah A federal high court sitting in Abuja has struck out a suit filed by the Rivers State Government against the return of several oil wells to neigbouring Akwa Ibom State. The court presided over by Justice A. Bello in its decision on suit number FHC/ABJ/CS/500/08, yesterday ruled that the crux and substance of the dispute as shown in the Originating Summons is between two states, and in accordance with Section 232 of the 1999 Constitution of the Federal Republic of Nigeria, it is only the Supreme Court that has the competence and jurisdiction to hear and determine disputes between States. The Court held that it has no competence and jurisdiction to hear and determine the Suit and therefore struck out the Suit in its entirety. In the suit, the Rivers State government had among other things sought the interpretation of the court on whether the National Boundary Commission can lawfully demarcate, delineate or verify the maritime boundaries between Littoral States through the office of the Surveyor General of the Federation. In her response the Akwa Ibom State government filed a Counter Affidavit sworn to by Mr Edwin Inegedu, holding on to the Historic Title Method as best for the demarcation of the maritime boundaries, maintaining that Political Solution inter alia on the ground that the Political Solution is illegal and that the 1st Defendant did not accede howsoever thereto. The 1st Defendant and some other Defendants in the Suit challenged the competence of the Suit and the jurisdiction of the Federal High Court to hear and determine same on several grounds. Specifically, the 1st Defendant in its Preliminary Objection contended, among others that the Federal High Court does not have jurisdiction on the issue as the main dispute was between two states of the federation, and argued that that at best, the Supreme Court of Nigeria is the only competent forum to hear and determine the dispute between the parties pursuant to Section 232 of the 1999 Constitution of the Federal Republic of Nigeria. In a well researched, reasoned and articulate Judgement, the Court in accordance with Section 232 of the 1999 Constitution ruled that it is only the Supreme Court that has the competence and jurisdiction to hear and determine disputes between States. The Court further held that the 3rd to 6th Defendants in this Suit were joined as nominal parties and accordingly, their joinder does not confer jurisdiction on the Federal High Court. The Attorney General of Rivers State, through its Counsel, Mr. Bello Adoke SAN, had approached the Federal High Court in Abuja on September 4, 2008 against the Attorney General of Akwa Ibom State as first defendant, with the Attorney General of the Federation as second defendant. While the National Boundary Commission; Revenue Allocation Mobilisation and Fiscal Commission; the Department of Petroleum Resources as well as the Accountant General of the Federation were dragged in as third, fourth, fifth and sixth defendants respectively. Download the Summary of and Judgement in Suit No. FHC/ABJ/CS/500/08 (PDF: 80KB). |
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