Task Before National Boundary Commission

The National Boundary Commission (NBC) was established under an Act to, among others, settle boundary disputes between states and local government areas in the country. With the commission promptly assuming its task, there came the boundary adjustment which fused and detached several communities as a way of national reconstruction and the attention or focus was economically-based because of the natural resources discovered in some parts of the country.

The commission is to enhance peaceful co-existence between border communities, but some people misconstrued it for the disintegration or separation of historical neighbouring towns and villages. The prescribed role of the NBC was to appeal to all affected communities or states boundary dispute. The commission has a wide scope as much as the governments and legislatures at national, state or local levels are unwilling to discountenance its roles.

The NBC directs its efforts to the prime purpose of stabilizing a situation where boundary disputes erupt with governments lending supporting hands through financial backing. The commission as a government agency has the right to reject the claims of any party involved in a boundary dispute to ensure that peace prevails.

These buttress President Goodluck Jonathan’s directive to the commission to determine the true owners of the oil wells being claimed by Anambra and Kogi States.

It had been reported few days ago that communal clashes between Enugu-Otu Aguleri in Anambra and Ashonwo Odeke in Kogi States claimed seven lives and left some houses destroyed. However, in a joint media briefing on Friday, April 4, 2013 in Abuja, Mr Peter Obi and Captain Idris Wada (retired), governors of Anambra and Kogi States respectively, faulted media reports, saying no life was lost.

They claimed that “only about five houses were affected and four motorcycles destroyed by the warring communities. According to the governors, “the issues in contention were being given due attention by the National Boundary Commission on the directive of President Goodluck Jonathan.” They promised a speedy, peaceful and equitable resolution of the dispute and appealed to “all those trying to cause disaffection between the two states, with a long history of affinity to desist from such.”

In a joint communiqué issued by the two governors after their meeting in Abuja, they regretted that adequate measures had not been put in place through the collaboration of both governors to end the dispute. They affirmed faith in the steps already taken by President Jonathan towards the settlement and called on their people to be patient for the NBC to do its work.

They gave assurance that they would come to the aid of their people affected by the dispute, adding that they would continue to explore the option of peace as the country did not need crisis of any type at this time.

Similarly, Bayelsa and Rivers States are interlocked in a boundary dispute arising from oil fields in Soku, Akuku-Toru Local Government Area of Rivers State. The matter is now before the Supreme Court.

The chiefs and principal members of Akuku-Toru Local Government Area of Rivers State had in a suit No. FHC/ABJ/CS/413/20 against the NBC and Attorney General of Bayelsa State prayed the Supreme Court to declare River Santa Barbara as the boundary between the Kalabari in Akuku Toru Local Government Area of Rivers State and the Nembes in Nembe Local Government Area of Bayelsa State.

The plaintiff also sought the court’s declaration on the purported 11th edition of the administrative map of Nigeria, arguing that it was done in error, and that its adoption should be declared null and void.

However, the defendant, Attorney General and Commissioner for Justice, Bayelsa State, Chief Francis Egele, submitted that the plaintiff had no locus standi, arguing that boundary matters was an issue between the states and not local government areas or communities.

Quoting from the ruling of the Supreme Court as read by Justice Suleiman Galadima, the Attorney General said the boundary between the two states could not be determined until the NBC completed its assignment as contained in the Supreme Court judgment on Suit No. 106/2009.

The judgment reads in part; “I have set out the function of the NBC above and from the provision of the NBC Act, it cannot be seriously suggested that before the jurisdiction of this court is invoked in a boundary dispute between states, the NBC should have determined  the dispute or delineating the disputed boundary. It is on account of the foregoing and because of the parties, this court finds that the NBC as an authority vested with authorities and expertise know-how in dealing with this matter should have once and for all conducted an exhaustive exercise of delineating the disputed boundary.”

It is by paying attention to history and hearing from the parties involved that the NBC can determine the truth of any matter it is handling with a view to effecting law and order between the affected parties. The NBC should be able to as a matter of urgency come out with lasting solutions to the issues concerning Anambra and Kogi States and the Rivers/Bayelsa people. The president and the Supreme Court are relying on the NBC to expedite action on its performance in those cases and unless something is done fast, the people may run out of patience and their actions generate more serious crisis.

Based on the authorities vested on the NBC, President Goodluck Jonathan, the Supreme Court and other stakeholders are waiting for the findings of the commission so that the matters are resolved, avert further crisis among those border communities. NBC should hasten action.

Shedie Okpara