S’Court Affirms Rivers Owners Of 86 Oil Wells

[TGD]

 THE Supreme Court yesterday declared Rivers State as the lawful owner of the 86 oil wells under dispute with Akwa Ibom State,  following a political solution used by former President Olusegun Obasanjo to settle the matter between the two states in 2006.

The then governors Victor Attah of Akwa Ibom State and Peter Odili of Rivers State endorsed the political formula.

But Attah's successor, Governor Godswill Akpabio faulted the tripartite arrangement, resulting in the National Boundary Commission returning the oil wells to his state.

Odili's successor, Governor Rotimi Amaechi challenged the action at the Federal High Court and lost, and approached the apex court for redress.

In its judgment yesterday, the apex court's panelists led by the Chief Justice of Nigeria, Justice Aloysius Iyorgher Katisna-Alu declared that Akwa Ibom was bound by the Obasanjo arrangement because its former governor was a signatory to the agreement of October 31, 2006 yielding the 86 oil wells to Rivers.

Katsina-Alu's held that "it is not in dispute that this agreement was reduced into writing and dated October 31 2006. It is exhibit AMBI. It is indeed embodied in the letter written by the then President of the Federal Republic of Nigeria, Olusegun Obasanjo

"It can be seen clearly from this letter that the parties have voluntarily jettisoned Technical and Historical Solutions. This is so because these Solutions were considered at the meeting before opting for the Political Solution. The parties faithfully implemented the terms of the agreement till the tail end of 2007 when Akwa Ibom unilaterally sought to rescind the agreement and commenced its agitation for the application of the Historical Solution."

Defendants in the suit are the Attorney- General of Akwa Ibom and the Attorney- General of the Federation.

Katsina-Alu further held that "the plaintiff avers that it accepted the Political Solution Method Agreement. So did the defendants. The parties are bound by the agreement. The parties are stopped by their conduct from disclaiming their Acts. In the present case, the defendant must accept the legal relations as modified by them in the agreement they voluntarily entered into with the plaintiff. Surely it will be inequitable to permit the defendants to walk out of the agreement, which on the evidence before me was not obtained by fraud, misrepresentation or deception.

"It does not matter that in the instant case the defendants have suddenly realised that the terms of the agreement they had entered into with the plaintiff are not favourable to them."

He further held that "the plaintiff {Rivers} is the owner of the 86 oil wells by virtue of the political solution agreement between the plaintiff and the 1st defendant {Akwa Ibom}, the terms of which are contained in exhibit AMBI and therefore entitled to be paid revenue derivable therefrom under the provisions of section 162 of the 1999 Constitution from April 2009 till date and subsequently.

"The defendants are hereby directed by themselves and/or their appropriate agencies to forthwith compute and calculate all such sums of money accruing from 86 oil wells belonging to the plaintiff by virtue of the subsisting and biding political solution agreement, which sums has since been unlawfully paid to the 1st defendant (Akwa Ibom) with effect from April, 2009 till date of this judgment and payment of all such sums to the plaintiff by the 1st defendant forthwith.

"There shall be interest at the prevailing commercial rate per annum on the total sums calculated as due to the plaintiff from April 2009 till date of this judgment and thereafter at eight per cent interest per annum on the judgment debt until full liquidation of the judgment sum and interest."

In his reaction, Amaechi declared: "I want to thank God, and please join me to praise God. For nearly two years, I've been fasting and fasting, praying God to disgrace Akwa Ibom State. And today, God disgraced Akwa Ibom State."

 

 



Source: S'Court Affirms Rivers Owners Of 86 Oil Wells