A Senior Advocate of Nigeria (SAN) and former President of the Nigeria Bar Association (NBA), Onueze C.J. Okocha has hailed the judgment of the Federal High Court in Abuja which granted ownership of Soku oil wells to Rivers State, saying justice has been done.
Similarly, a senior lecturer, Department of Sociology and Acting Director of Prof. Claude Ake School of Governance, University of Port Harcourt, Dr. Sofiri Peterside, described the ruling as a welcome development, saying it is a wake-up call to government agencies involved in such processes.
Speaking to The Tide in separate telephone interviews in Port Harcourt, yesterday, Okocha and Peterside were unanimous in their stand in support of the judgment.
“It is a welcome development. I believe that justice has been done because long ago I participated in the Commission of Inquiry that settled the issue that the boundary between Rivers and Bayelsa States is where it should be.
“And this victory shows that that boundary indicated that Soku, Oluwasiri and those outlying areas are in Rivers State. So, I am happy that justice has been done”, Okocha said.
On what the judgment portends for Rivers State, the former NBA President said, “Clearly we will be earning what our rightful dues and entitlements are from the Federation Account. For so long there has been a distortion.
“Our Governors, from the former governors to the present one (Wike), have consistently said that boundary commission should ensure that the proper thing is done and all those oil wells should be put where they rightfully belong.
“We still have issues with our neighbours in Akwa Ibom, but thank God that the one in Bayelsa, which is really our immediate neighbours, has been finally resolved. So I am happy about it”, he said.
As far as Okocha is concerned, whether the judgment was coming late, having suffered some delay, “Government is a continuum. It is the State Government that has been in Court regardless of who was heading the administration at the time the suit was instituted. Government moves from day to day and you know our wheels of justice, as they say in Nigeria, turns very slowly.
“If things had been properly done, this ought to have been entered a long time ago. Supreme Court had settled and said the boundary commission should do the needful. So, it is better late than never,” he stated.
On his part, Dr. Peterside, while commending the State Government for taking the legal action, noted that the Federal Government was partly to be blamed for the dispute and that the ruling is a wake-up call to government agencies involved in such processes.
According to the university Don, “the core issue in that case, the ownership of those oil wells that was in Rivers State, Soku, specifically, which was ceded to Bayelsa State, from a judgment of the Court, from what I was informed by my friends who are lawyers in that matter, is that part of the problem derive from the Federal Government.
“If you say you have created new local governments and created State and the boundaries of the States have not been clearly demarcated, the implication is that until that is done by the National Boundary Commission, those oil wells belong to Rivers State.
“So you don’t just say because you have created new states, created local governments that this areas belong to…there has to be clearly demarcated boundaries, and that is the responsibility of the National Boundary commission, and so the Court ruled that so long as that has not happened, Rivers State is the true owners of those oil wells.
“I think that it is a wake-up call to government agencies that are involved in some of this process. They need to do what they need to do and they need to it properly. Let me also say that this lack of demarcation of boundary or improper demarcation of boundary also create its own problems such as inter-communal crisis; Community A fighting with Community B, one local government also fighting another local government.
“So, what needed to be done is that once States are created, local governments are created. It is the responsibility of the National Boundary Commission not to waste time to demarcate these boundaries and let things happen and happen properly.
“For instance, if these oil wells that were ceded to Bayelsa State and compensation or whatever revenue is paid to that State, it means that Rivers State has been losing revenue and all that. So these are issues that needed to be taken into consideration and very seriously.
“But for me, kudos to Rivers State Government for taking legal action because that is what democracy is about and that is what representation of the people is also about, for protecting the interest of the people who you govern. I give credit to the Government (State) for taking this legal line of action”, he concluded.
It would be recalled that in a judgment in Suit Number FHC/ABJ/CS/984/19, the Attorney-General of Rivers State, versus National Boundary Commission, Justice Inyang Ekwo of the Federal High Court declared that after examining all the documents from relevant Government agencies and facts before the court, the Soku Oil Wells/fields belong to Rivers State.
The Federal High Court made an order compelling the National Boundary Commission to rectify forthwith in the 12th Edition of the Administrative Map of Nigeria the erroneous interstate boundary between Rivers State and Bayelsa State as contained in the extant 11th Edition of the Administrative Map of Nigeria.
The Court declared that the continued failure and refusal of the National Boundary Commission to rectify the admitted mistake in the 11th Edition of the Administrative Map of Nigeria since 2002, which erroneously showed St Batholomew River instead of River Santa Barbara as the interstate Boundary between Rivers State and Bayelsa State, is a breach of its statutory duty and a flagrant disobedience of the order of the Supreme Court contained in its judgment delivered on 10/7/2012 in Suit Number SC. 106 /2009.
Justice Ekwo declared that the continued reliance on the said defective 11th Edition of the Administrative Map of Nigeria by the other Government Agencies/Statutory Bodies, especially the Revenue Mobilisation, Allocation and Fiscal Commission, and the Accountant General of the Federation in the computation of revenue accruable to Rivers State from the Federation Account, has resulted in the continued unjust denial of derivation funds accruing from the Soku Oil Wells/fields situate within Rivers State to the Detriment of the State Government.
By: Dennis Naku
Again, RSG Begins Unveiling, Flag-Off Of Nine Key Projects, ’Morrow
The Rivers State Government has rolled out the drums to herald another phase of official commissioning of key projects embarked upon by the Governor Nyesom Wike-led administration in the state.
A statement by the state government said that the process is in continuation of the commissioning and flag-off of projects by Governor Nyesom Wike.
It indicated that Rumuola flyover would be commissioned tomorrow, while the GRA flyover would be commissioned on Saturday.
The also stated that the government would commission the Ezimgbu Road on Monday, December 13, 2021; with another commissioning of Tombia Road Extension scheduled for Tuesday, December 14, 2021.
The statement said that the governor would commission the Safe Home, Borikiri, Port Harcourt on Wednesday, December 15; while on Thursday, December 16, 2021, the governor would commission the Odokwu internal roads.
Also, the governor would continue the flag-off of key infrastructure projects with Chokocho-Igbodo Road slated for Monday, December 20, 2021; Oyigbo-Okoloma Road on Wednesday, December 22, 2021; and Magistrates’ Court Complex, Port Harcourt on Thursday, December 23, 2021.
Wike Justifies N7bn Libel Suit Against THISDAY
Rivers State Governor, Chief Nyesom Wike, yesterday, appeared before the state High Court in Port Harcourt, to testify as a witness in an N7billion libel suit against THISDAY Newspaper.
Wike said he was in court to seek justice and clear his name as a person from the malicious publication by THISDAY Newspaper, which portrayed him as deceitful, untrustworthy person, who exerts subterranean influences on judicial matters and over court sittings in Port Harcourt.
It would be recalled that Wike had in August, 2020, slammed a N7billion suit being damages for libel written and published in THISDAY’s Tuesday, June 23, 2020 edition captioned, “With Wike, Obaseki Meets His PDP’s Waterloo; Almost.”
The defendants in the suit are THISDAY Newspapers Limited, Leaders and Company Limited, Davidson Iriekpan, Chuks Okocha and Adibe Emenyonu.
Wike, while testifying as witness in suit No. PHC/1505/CS/2020 before the court presided over by Justice A. Enebeli, asserted that the defendants maliciously and falsely portrayed him as an unreliable friend/person.
“When you say somebody cannot be trusted; that cannot be a fair comment. When you say somebody is influencing the Judiciary, that cannot be a fair comment”, the governor said.
In his written statement on oath, Wike had stated that the defendants had accused him of influencing the decision of the court sitting in Port Harcourt that granted an injunction restraining Godwin Obaseki from participating in the primaries of Peoples Democratic Party (PDP) in Edo State in 2020.
He stated that the defendants maliciously accused him of undemocratically exerting influence on the primaries process of PDP in Edo State in aid of his ally, Omoregie Ogbeide-Ihama, who was the beneficiary of the court order restraining Obaseki from participating in the PDP primaries.
The governor, who told the court that he was not even aware of the aforementioned suit by Ogbeide-Ihama against Obaseki, said the publication was reckless, false and without regards for the truth.
According to him, contrary to well-known journalistic tradition and practices, the defendants did not investigate properly to ensure the information they relied on was accurate.
“They did not seek to verify the facts from me or in any manner oblige me with the opportunity to state my own side of the story before proceeding to make the false publication” the governor argued.
Wike stated that the defendants further denigrated him before the entire world as a fake democrat, who engages in meddling in the internal affairs of All Progressives Congress (APC) in order to get at his political foe, Chibuike Amaechi.
The governor explained that he was not a member of the APC and has had no hand in the internal crisis which has bedevilled the party both in Rivers State and all over Nigeria.
“By the letter of Messrs E.C. Ukala and Co., Solicitors, under the hand of Emmanuel C. Ukala, SAN, dated 23rd June, 2020, the defendants were given opportunity to retract, and recant the publication as well as to offer apology for the false publication but the defendants spurned the opportunity and ignored the letter completely.”
The governor, while responding to claim by lawyer to the defendants, Turudu Ede, SAN, that the essence of the lawsuit was to intimidate and harass his clients, said the whole essence of the suit was to get justice and clear his name as a man of substantial character, honour and repute.
“The essence of the suit is to get justice since they (defendants) refused to retract the publication or apologise. So, I sued them to clear my name.”
Speaking to journalists outside the court, one of the lawyers to Wike, Mr. Mark Agwu said his client was in court to seek legal redress.
“To challenge him as a person, it means you have made him untrustworthy, a deceit, a cheat, an influencer of the court, because the publication they made was that he had a role to play in influencing the outcome of that Federal High Court case. Nobody will take that lightly, and especially for a man who believes in the rule of law”, Agwu added.
The court adjourned the matter for further hearing to 12th, 13th and 14th of January, 2022.
$130m Fraud: Rivers Sues Saipem SPA, Saipem Contracting Firm, Others
The Rivers State Government has charged two construction firms, Saipem SPA and Saipem Contracting Nigeria Ltd, to court over an alleged conspiracy to cheat and with intent to defraud the state of the sum of $130million, being advanced payment for the construction of the OCGT power plant in Port Harcourt.
In a 16-count criminal charge filed by the Director of Public Prosecution, C.F. Amadi for the Rivers State Attorney General, the state alleged that after collecting the said sum as advanced payment between 2011 and 2018, the defendants have not kept their obligation under the contract.
Others charged alongside the companies were Walter Peviana; Kelechi Sinteh Chinakwe; Giandomenico Zingali; Vitto Testaguzza and Davide Anelli, who are directors and officers of the companies.
The defendants are charged with various offences ranging from conspiracy, cheating and obtaining credit by false pretence, contrary to Section 518 (6) and (7) and punishable under Section 518 of the Criminal Code, Cap 37 Vol. 2 Laws of Rivers State of Nigeria, 1999, section 419A and punishable under Section 419 (A) (1) (b) of the Criminal Code, Cap 37 Vol. 2 Laws of Rivers State, amongst others.
Already, the Rivers State Government has issued a fiat to the law firm of Godwin Obla (SAN) to prosecute the matter before the state High court.
The defendants are equally charged for the offence of false Statements by Officials of Companies contrary to and punishable under Section 436 (b).
The prosecution specifically accused the defendants of obtaining credit of $130million by false pretences or other fraud contrary to Section 419A and punishable under Section 419 (A) (1) (b); obtaining credit of $20,467,942.00 by false pretences or other fraud contrary to Section 419A and punishable under Section 419 (A) (1) (b), obtaining credit of N7,000,000,000.00 only by false pretences or other fraud contrary to Section 419A and punishable under Section 419 (A) (1) (b).
They are charged for obtaining credit of N318,640,173.54, by false pretences or other fraud contrary to Section 419A and punishable under Section 419 (A) (1) (b); attempt to cheat $97million contrary to Section 508 and punishable under Section 509; attempt to cheat $15million contrary to Section 508 and punishable under Section 509; conspiracy to receive a credit of $97million by false pretences contrary to Section 518 (6) and punishable under Section 518; cheating $11million contrary to Section 421 and punishable under Section 421; cheating contrary to Section 421 and punishable under Section 421; cheating N110, 097, 416.51 contrary to Section 421 and punishable under Section 421; cheating by collecting sums attributable to shared facilities already paid for in AFAM Phase I in AFAM Phase II contrary to Section 421 and punishable under Section 421.
Obtaining N20, 467, 942 contrary to Section 421 and punishable under Section 421; obtaining credit of $60,168,936.00 by false pretences or other fraud, contrary to Section 419A and punishable under Section 419 (A) (1) (b); obtaining credit of $1,512,034.00 by false pretences or other fraud contrary to Section 419A and punishable under Section 419 (A) (1) (b) all of the Criminal Code Law of Rivers State, Cap 37 Vol. 2 Laws of Rivers State of Nigeria 1999.
According to the Proof of Evidence attached to the charge and the statement made by the Head, Power Generation/Mechanical of the Rivers State Ministry of Power, one Mr Temple Azunda M., the facts constituting the case in hand are as follows:
Saipem SPA and Saipem Contracting Nigeria Limited and other officers of the duo, herein the Defendants, are Italian companies which services have been retained by the Rivers State Government, herein RSG, in several projects, prominent amongst which is the AFAM Phase II Power Plant Project.
By an initial tripartite agreement made on the January 20, 2010, the RSG under the auspices of the Rivers State Ministry of Power entered a contract with Saipem Contracting Nigeria Limited, Saipem SPA for the construction of the OGCT power plant in Port Harcourt at a total cost of $119million consequent upon which the Rivers State Government made advance payments, in instalments, to Saipem Contracting Nigeria Ltd and Saipem SPA amounting in total to a sum of $130million in all which the Defendants have acknowledged receipt of.
The Defendants were to be given an initial mobilization of 20per cent of the total contract sum which the RSG paid.
It was part of the initial agreement – and indeed a condition sine qua non – that, to access the 2nd tranche of payment of 25per cent from the Rivers State Government, the Defendants would mandatorily have installed the Gas Turbine into the foundations as referenced in ATTACHMENT 1 to VO 007 which states that:
CONTRACTOR shall be entitled to a payment corresponding to 20per cent of the VO No. 007 LS PRICE upon mobilisation to site and commencement of bush clearing activities at SITE.
Upon commencement of bush clearing activities at the site, the contractor shall issue the invoice relevant to the above payment and the owner shall pay such invoice within 14 days from its issuance.
The parties agree that no deduction for recovery of advance payment shall apply on the payment due to the contractor for invoices issued by the contractor in accordance with this paragraph.