Editorial
Comply With S’Court Order On Oil Wells
The planned ceding of 17 disputed oil wells located at Akri and Mbede to Imo State recently assumed a
sudden twist when the Supreme Court ordered the Federal Government to observe a stay of action on the alleged plan. The Rivers State Government took Imo State to court over the disputed oil wells.
The Supreme Court made the order while ruling on an ex parte application brought before it by counsel for the Rivers State Government in the case, Emmanuel Ukala (SAN). The order was given to prevent the alleged plan to cede the disputed wells to Imo State, while the substantive suit instituted by the state government is still pending before the court.
Restrained thereafter by the apex court were the office of the Attorney General of the Federation as well as his Imo State counterpart from embarking on any action regarding the ownership of the wells under consideration until the ownership issues and the questions surrounding them are properly resolved.
Also ordered were the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) and the Office of the Accountant-General who were barred from approving, implementing, or giving effect in any manner to a letter from the RMAFC office with reference number RMC/O&G/47/1/264 of July 1, 2021, which cancelled the equal sharing of proceeds from the 17 oil wells between Rivers and Imo States.
One of the reliefs sought by the Attorney General of Rivers State is the apex court’s “declaration that the boundary between Rivers State and Imo state, as delineated on Nigeria administrative map, 10, 11 and 12th editions and other maps bearing similar delineations are inaccurate, incorrect and do not represent the legitimate and lawful boundaries between Rivers and Imo State”.
Equally demanded by the plaintiff is a declaration that as far as Nigeria’s administrative map 10, 11 and 12th editions and other maps bearing similar delineations relate to the boundary between Rivers and Imo, the said maps are unlawful and void, and cannot be relied on to determine the extent of the territorial governmental jurisdiction of Rivers State and to determine the revenue accruing to the state from the federation account, including the application of the principle of derivation and other revenue allocation principles as contained in the 1999 Constitution.
Similarly, the state government sought a declaration that the oil wells within Akri and Mbede communities are wrongly attributed to Imo State and that they are all oil wells within the territory of Rivers State and form part of the state, and that only Rivers State is entitled to receive the full allocation of the distributable revenue from the oil wells, based on the derivation as contained under Section 162 of the 1999 Constitution.
Only a few years ago, Rivers State was in a similar brawl with its Bayelsa counterpart over ownership of Soku oil wells. In the course of this dispute, a grand plan to forcibly annex certain Rivers State’s communities to Bayelsa State was laid out despite legal declarations on the matter.
Curiously, the dispute which got to the Supreme Court was supposed to have been resolved by the correction of an error in the delineation of the inter-state boundary in the 11th edition of the administrative map of Nigeria prepared by the National Boundaries Commission (NBC) and the office of the Surveyor-General of the Federation in 1999.
In that case, the Supreme Court also ordered that all monies from contested oil wells be deposited in an escrow account by the RMFAC. That was, indeed, the position of things until the then Rivers State Governor, Rt Hon. Chibuike Amaechi, alerted the state and the nation about the secret disbursement of N17 billion from the escrow account to Bayelsa State by former President Gooduck Jonathan’s administration.
We commend the Court for issuing the injunction that has so far prevented the two neighbouring states from aggravating the situation. It is in the interest of peace that the Federal Government respects the judgment of the Supreme Court. In observing the restraining order, the Bayelsa/Rivers States scenario, where clandestine disbursements were made to our sister state, should not be replicated in any form whatsoever.
The RMFAC should act appropriately by discontinuing to pay monies from disputed wells to either state until the matter is resolved. As such, an escrow account is suggested. This account should be subject to periodic evaluation to determine whether changes have occurred. Any shortfall must be explained.
Importantly, the NBC should be up and running in its core mandate of defining and delimitating boundaries between states, local government areas or communities in accordance with delimitation instruments or documents established for that purpose. It is disturbing that despite the commission’s mandate, more than 150 active border disputes resulting from non-delimitation of boundaries exist within and between states across Nigeria.
More often than not, the commission’s intervention in the settlement of boundary crisis in Nigeria, even after judgements of the Supreme Court, were always belated and came after loss of human lives and property. Boundary issues would have to be dealt with urgently. That is why we urge the NBC to take adequate steps to investigate such conflicts around the country to curb widespread disputes arising from non-delimitation of Nigeria’s internal boundaries.
Governor Nyesom Wike is rhapsodised for always protecting the assets and resources of Rivers State. But for his proactive steps, that would not have happened. We welcome the court’s decision and call on Wike to continue to defend the interests of the state in favour of its people. It demonstrates the Governor’s belief in due process in his fight against injustice to the state.
When Rivers State Governor, Sir Siminalayi Fubara, received the Board and Management of the Nigerian Ports Authority (NPA), led by its Chairman, Senator Adeyeye Adedayo Clement, his message was unmistakable: Rivers’ seaports remain underutilised, and Nigeria is poorer for it. The governor’s lament was a sad reminder of how neglect and centralisation continue to choke the nation’s economic arteries.
The governor, in his remarks at Government House, Port Harcourt, expressed concern that the twin seaports — the NPA in Port Harcourt and the Onne Seaport — have not been operating at their full potential. He underscored that seaports are vital engines of national development, pointing out that no prosperous nation thrives without efficient ports and airports. His position aligns with global realities that maritime trade remains the backbone of industrial expansion and international commerce.
Indeed, the case of Rivers State is peculiar. It hosts two major ports strategically located along the Bonny River axis, yet cargo throughput has remained dismally low compared to Lagos. According to NPA’s 2023 statistics, Lagos ports (Apapa and Tin Can Island) handled over 75 per cent of Nigeria’s container traffic, while Onne managed less than 10 per cent. Such a lopsided distribution is neither efficient nor sustainable.
Governor Fubara rightly observed that the full capacity operation of Onne Port would be transformative. The area’s vast land mass and industrial potential make it ideal for ancillary businesses — warehousing, logistics, ship repair, and manufacturing. A revitalised Onne would attract investors, create jobs, and stimulate economic growth, not only in Rivers State but across the Niger Delta.
The multiplier effect cannot be overstated. The port’s expansion would boost clearing and forwarding services, strengthen local transport networks, and revitalise the moribund manufacturing sector. It would also expand opportunities for youth employment — a pressing concern in a state where unemployment reportedly hovers around 32 per cent, according to the National Bureau of Statistics (NBS).
Yet, the challenge lies not in capacity but in policy. For years, Nigeria’s maritime economy has been suffocated by excessive centralisation. Successive governments have prioritised Lagos at the expense of other viable ports, creating a traffic nightmare and logistical bottlenecks that cost importers and exporters billions annually. The governor’s call, therefore, is a plea for fairness and pragmatism.
Making Lagos the exclusive maritime gateway is counter productive. Congestion at Tin Can Island and Apapa has become legendary — ships often wait weeks to berth, while truck queues stretch for kilometres. The result is avoidable demurrage, product delays, and business frustration. A more decentralised port system would spread economic opportunities and reduce the burden on Lagos’ overstretched infrastructure.
Importers continue to face severe difficulties clearing goods in Lagos, with bureaucratic delays and poor road networks compounding their woes. The World Bank’s Doing Business Report estimates that Nigerian ports experience average clearance times of 20 days — compared to just 5 days in neighbouring Ghana. Such inefficiency undermines competitiveness and discourages foreign investment.
Worse still, goods transported from Lagos to other regions are often lost to accidents or criminal attacks along the nation’s perilous highways. Reports from the Federal Road Safety Corps indicate that over 5,000 road crashes involving heavy-duty trucks occurred in 2023, many en route from Lagos. By contrast, activating seaports in Rivers, Warri, and Calabar would shorten cargo routes and save lives.
The economic rationale is clear: making all seaports operational will create jobs, enhance trade efficiency, and boost national revenue. It will also help diversify economic activity away from the overburdened South West, spreading prosperity more evenly across the federation.
Decentralisation is both an economic strategy and an act of national renewal. When Onne, Warri, and Calabar ports operate optimally, hinterland states benefit through increased trade and infrastructure development. The federal purse, too, gains through taxes, duties, and improved productivity.
Tin Can Island, already bursting at the seams, exemplifies the perils of over-centralisation. Ships face berthing delays, containers stack up, and port users lose valuable hours navigating chaos. The result is higher operational costs and lower competitiveness. Allowing states like Rivers to fully harness their maritime assets would reverse this trend.
Compelling all importers to use Lagos ports is an anachronistic policy that stifles innovation and local enterprise. Nigeria cannot achieve its industrial ambitions by chaining its logistics system to one congested city. The path to prosperity lies in empowering every state to develop and utilise its natural advantages — and for Rivers, that means functional seaports.
Fubara’s call should not go unheeded. The Federal Government must embrace decentralisation as a strategic necessity for national growth. Making Rivers’ seaports work is not just about reviving dormant infrastructure; it is about unlocking the full maritime potential of a nation yearning for balance, productivity, and shared prosperity.
