The Supreme Court has scheduled judgment for May 6 in the dispute between Rivers and Imo States over ownership of the about 37 Akri and Mgbede communities housing about 17 oil wells.
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A panel of the court, led by Justice Olukayode Ariwoola, chose the date on Monday after lawyers to parties made their final submissions and adopted their written briefs in the suit filed by Rivers State, with the Attorney General of the Federation (AGF) and the Attorney General, Imo State as defendants.
Arguing the plaintiff’s case on Monday, its lawyer, Joseph Daudu (SAN) contended that historical evidence, right from 1927 till date, clearly indicated that the communities housing the oil wells fall within Rivers State’s territory
Daudu urged the court to note the boundary adjustment documents of 1976 in which Ndoni and Egbema were confirmed to belong to Rivers State.
He faulted the argument by the AGF and Imo AG that the suit ought to have been commenced at the Federal High Court on the grounds that oral evidence ought to be taken from the witnesses drawn from communities.
Daudu argued that the Supreme Court possesses original jurisdiction over the case and could rely solely on existing historical documents from the colonial era, to determine the real owners of the communities where the oil wells are located.
He urged the court to hold in his client’s favour.
Lawyer to Imo AG, Olusola Oke (SAN) and lawyer to the AGF, Peter Olatubora (SAN), were unanimous in quarrying the suit’s competence and the Supreme Court’s jurisdiction to hear it.
Oke argued that the plaintiff ought not to have commenced the suit at the Supreme Court, because in view of its nature, oral evidence ought to be called from the residents of the communities on which state they belong.
Olatubora argued that witnesses, including officials of the National Boundary Commission (NBC), Surveyor General of the Federation (SGF) and indigenes of the disputed areas ought to be heard for the court to make appreciable and acceptable findings.
He added that scientific evidence ought to be considered along with open court hearing for the court to make good findings.
They urged the court to dismiss the suit.
Meanwhile, a Federal High Court in Abuja also, on Monday fixed judgement for March 7 in another suit filed by Rivers State against the Federal Government over the funding of the Niger Delta Development Commission (NDDC).
Justice Taiwo Taiwo announced the date after entertaining final arguments from lawyers to parties.
In the suit marked: FHC/ABJ/CS/ 1138/2021 filed in the name of its Attorney General, Rivers State is challenging the September 3, 2021 letter by the Accountant General of the Federation, notifying the state of the Finance Minister’s approval for the commencement of the monthly deduction of 50 percent from the Ecological Fund due to members states for the funding of the commission as requires under Section 14(2)(c) of the NDDC Act 2000.
It is contending that it is arbitrary and unlawful for the Finance Minister to seek to enforce the NDDC Act in relation to the states, without first ensuring that the Federal Government meets its funding obligations under Section 14(2)(a) of the NDDC Act 2000.
Listed as defendants are the AGF, the Minister of Finance, Budget and National Planning, and the Accountant General of the Federation.
The defendants, in their separate responses faulted the suit and the plaintiff’s claim that the Fed Govt was defaulting in its funding obligationt to the NDDC.
They argued that the suit was a ploy by the Rivers State Government to run away from its responsibility of contributing to NDDC funding.
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