Editorial
Court Ruling On Mbede, Akiri Oil Wells
Last Wednesday, the Federal High Court in Abuja restrained the Federal Government and its agencies from deducting funds meant for Rivers State in respect of Mbede and Akiri Oil Wells.
The Presiding Judge of the court, Justice Taiwo Taiwo, gave the ruling in an originating summons filed by the Attorney-General of Rivers State against the Attorney-General of the Federation; Revenue Mobilisation, Allocation and Fiscal Commission; and Minister of Finance.
The Attorney-General of Rivers State moved the originating summons “Pursuant to Order 3, Rule 6, 7 and 9 of the Federal High Court (Civil Produres) Rules 2019, Section 7 of the National Boundary Commission (Establishment) Act, Section 162 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the inherent jurisdiction of the Federal High Court as preserved by Section 6 (6) of the 1999 Constitution”.
It would be recalled that the immediate past Imo State Governor, Hon. Emeka Ihedioha, had written to President Muhammadu Buhari demanding revenue from the Federation Account in respect of the Mbede and Akiri Oil Wells.
Consequent upon this, the Rivers State Government went to court over the matter.
Ruling on the matter, the court declared that the Rivers State Government is entitled to continue to receive and retain revenue from the Federation Account and other accounts maintained for the purpose in respect of revenue derived from oil wells within the territory of Rivers State based on the 13 per cent derivation formula currently applied by the 4th Defendant.
The Federal High Court further declared that the Rivers State Government (represented by the Plaintiff on record) is entitled to receive and retain revenue from the Federation Account as provided for under the 1999 Constitution of the Federal Republic of Nigeria (as amended) in respect of revenue derived from the oil wells generally referred to as Mbede and Akiri Oil Wells located within the Rivers State territory.
Justice Taiwo declared that the President of the Federal Republic of Nigeria and the Government of the Federal Republic of Nigeria (represented by 1st Defendant on record), are not entitled to give directives to the 4th Defendant with regard to distribution of public revenue from the distributable pool account, including the Federation Account; and that they are not entitled to interfere in any manner whatsoever with the distribution of public revenue from the distributable pool account, including the Federation Account.
The court held that the Governor of Imo State (represented by the 2nd Defendant) is not entitled to alter or cause to be altered, to deny or cause to be denied, whether through the instrumentality of the President of the Federal Republic of Nigeria or the Government of the Federal Republic of Nigeria (represented by the 1st Defendant) or any manner howsoever the revenue due to the Rivers State Government in accordance with the principle and formula for distributing public revenue for the time being under the Constitution of the Federal Republic of Nigeria.
Justice Taiwo further declared that until the conflicting claims over Mbede and Akiri Oil Wells by Rivers State and Imo State are resolved by the National Boundary Commission, the 4th Defendant cannot deny Rivers State its due share of public revenue under the Constitution (as it is currently being distributed), or in any manner after the sharing formula or reduce the share of public revenue due to Rivers State on account of the claim by the 2nd Defendant to the said Mbede and Akiri Oil Wells.
The ruling by the Federal High Court in Abuja, as it were, is the latest twist in the face-off between Rivers State and Imo State over ownership of the two oil wells.
The ruling by the court is another victory for Rivers State nay, the Governor of the State, Chief Nyesom Wike, bearing in mind that the State had last year triumphed over its neighbouring Bayelsa State which had been laying claim to the ownership of Soku Oil Wells located within the territory of Rivers State.
In what appeared to be similar circumstances, the Rivers State Government had headed for the Supreme Court, which subsequently gave judgement in favour of the State by ceding the Soku Oil Wells to Rivers State, thereby putting paid to several years of disputation between the two States over the ownership of the oil wells.
Like the case of the Soku Oil Wells, The Tide is elated that the Rivers State Government followed due process in pursuing the matter to a logical conclusion and retrieve, through legitimate means, what rightly belongs to the State. We, therefore, without hesitation commend the Wike administration for its bold initiative in this regard by also heading for the court in this present matter. We believe this is the way to go.
There is no gainsaying the fact that the ruling by the Federal High Court over the Mbede and Akiri Oil Wells has currently doused the brewing tension over ownership of the two oil wells between Rivers State and Imo State, even while the two states await the final resolution of the matter by the National Boundary Commission. We advise the Imo State Government to take the ruling in good faith, and continue to maintain the peace existing between the two friendly states.
While we applaud the court ruling, we call on the Federal Government to immediately implement the pronouncement without necessarily inflicting any further loss of revenue accruing to Rivers State in the Federation Account or any other accounts whatsoever in respect of the Mbede and Akiri Oil Wells.
We are not unmindful of the fact that the present All Progressives Congress (APC) –led Federal Government has a penchant for treating with levity court orders and rulings, but we are sure that the Mbede and Akiri Oil Wells legal outcome would be a different ball game. There is need for it to be treated with the dispatch it deserves by the federal authorities to ensure that Rivers State enjoys its fair share of revenue accruing to it, particularly in the Federation Account. Nothing less will be acceptable.
In this regard, we appeal to the state government not to rest on its oars in ensuring the immediate implementation of the court ruling on the two oil wells. This it can do by bringing to bear the necessary pressure on the federal government to do the needful. We strongly believe that anything that has to do with the collective interest and survival of the state must not be compromised.
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