OIL WELL: AKWA IBOM TRIUMPHS OVER RIVERS

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 neighbouring Akwa Ibom State.
The court presided over by Justice A. Bello in its decision on suit number FHC/ABJ/CS/500/08, recently 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 first defendant did not accede howsoever thereto.
The first 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 first 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 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 third to sixth defendants in this suit were joined as nominal parties and accordingly, their being joined 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 Mobilization and Fiscal Commission, the Department of Petroleum Resources as well the Accountant General of the Federation were dragged in as third, fourth, fifth and sixth defendants respectively.
Reacting, the Akwa Ibom State Attorney General, Chief Ntekim described the judgement as excellent, adding that it will now allow the state concentrate on serious issues.