Nigeria’s Supreme Court has granted an order stoping the Nigerian Government and it’s agencies from ceding two oil wells located at Akri and Mbede, Imo state in Southeastern part of the country.
The order of injunction was granted to stop implementation of the ceding of the two oil wells to Imo state pending the determination of a suit brought before the apex court by the Rivers state government.
In an exparte application argued by counsel to the River State Government, Emmanuel Ukala, the apex court restrained the Nigeria’s Attorney General and the Attorney General of Imo state from taking any further action on the ownership of the two oil wells till the ownership disputes are resolved.
The apex court also barred, the Revenue Mobilisation Allocation and Fiscal Commission, RMAFC, and the office of the Accountant General of the Federation from approving, implementing, or giving effect in any manner to a letter from RMAFC office, which canceled the equal shearing of proceeds from the two oil wells by Rivers and Imo state.
The apex court subsequently fixed September 21, 2021 for hearing of the substantive matter.
Rivers state had dragged the Nigerian Government and the Attorney General of Imo state before the Supreme Court praying for declaration that the boundary between Rivers and Imo states, as delineated on Nigeria administrative map , 10, 11 and 12 editions and other maps bearing similar delineations are inaccurate, incorrect and do not represent the legitimate and lawful boundaries between the two States.
The Plaintiff also sought a declaration that as far as Nigeria’s administrative map 10,11 and 12th editions and other maps bearing similar delineations, related to the boundaries between Rivers and Imo, the said maps are unlawful and void, cannot be relied on to determine the extent of the territorial governmental jurisdiction of Rivers state and to determine the the revenue accuring to rivers state from the federation account, including the application of the principle of derivation and other revenue allocation principles as contained in the 1999 constitution.
It further applied that the supreme court declared that the correct instruments, maps and documents, to be relied on determining the boundary between Rivers and Imo state, are those used by the plaintiff in delineating the boundary line between Rivers and Imo state.
Plaintiff also sought declaration that all the oil wells within Akri and Mgbede communities are wrongly attributed to Imo state and that they are all oil wells within the territory of Rivers state and form part of Rivers state and that it is only rivers that is entitled to receive the full allocation of the distributable revenue from the oil wells on the basis of the 1390 derivation as contained under section 162 of the 1999 constitution.
Rivers state therefore sought order of mandatory injunction directing the Accountant General of the Federation to calculate and refund to it all revenue that have been wrongly attributed to or paid to Imo state on account of the limit or extent of their territories, including earnings due to it from revenue derived from Akri and Mbede oil wells.
The Plaintiff also sought order of Injunction directing the Nigeria’s Attorney General to withdraw from circulation it’s administrative map 10,11 and 12th editions and to refrain from relying on any of the said maps for the purpose of determining the boundary between Rivers and Imo state.
The Rivers State also applied for another order of mandatory injunction directing the Chief Law Officer of the Country to produce administrative map bearing the correct boundary between Rivers and Imo state, and a sum of 500 hundred million naira as cost of the case.
Nnenna.O
