Since a Federal High Court, in Abuja, had on Monday December 16, 2019, ruled that Rivers state not Bayelsa state owns the disputed Soku Oil Wells/Fields located in Akuku-Toru Local Government Area of Rivers state, governors of the two states have been at dagger drawn. Abdulrahman Zakariyau writes.
The ruling
The Federal High Court granted the two reliefs sought by the Rivers state government and directed that notice of the judgment be served on the Revenue Mobilisation and Fiscal Commission (RMAFC) and the Accountant-General of the Federation.
In the judgment of 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 had after examining all documents at his disposal from the relevant government agencies, ruled that going by the facts before the court, the Soku Oil Wells/fields belong to Rivers state.
Also, the court dismissed an objection to the suit raised by the National Boundary Commission (NBC), saying attempt to forestall the suit was lacking in merit.
The 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.
It declared that the continued failure and refusal of the National Boundary Commission to rectify the admitted mistake in this 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.
The court 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.
Based on this, the court also ordered that pending the formality of compliance by the NBC deeming the administrative boundary between Rivers state and Bayelsa state to be River Santa Barbara in accordance with the admission of the National Boundary Commission as per letter of 3/7/2002 and the definitive order of the Supreme Court made on 10/7/2012.
Justice Ekwo granted the two reliefs and directed that notice be served of the Decision of the Court on the Revenue Mobilisation, Allocation and Fiscal Commission and the Accountant General of the Federation.
The Court said that the National Boundary Commission cannot unilateral delineate boundaries between Rivers State and Bayelsa State after the Supreme Court judgment on the matter.
Following the failure of the National Boundary Commission to obey the Supreme Court judgment on the Soku Oil Wells, the Attorney General of Rivers state had filed an originating summons at the Federal High Court in Abuja through Suit Number FHC/ABJ/CS/984/19 to ensure the enforcement of the declarative judgment.
Mixed reactions
Whereas there was jubilation in Port Harcourt as Governor Nyesom Wike led officials of government and the people in jubilation, there was however pall in Yenogoa where the government of Governor Henry Seriake Dickson did not only flay the judgement but insisted the verdict would not stand.
Wike welcomed the judgement and vowed to continue to defend the interest of Rivers state for the good of the people. He said without doubt that the Soku Oil Wells/fields belonged to Rivers state and ought not to have been allocated to Bayelsa state by the federal government because of a faulty boundary map.
“The judgment is very proper. I have said it severally that we must fight for whatever belongs to Rivers State. That is what we are doing.
”Everybody knows that it is wrong for the federal government to collect our oil wells and cede same to Bayelsa State. So, we took the right step by going to court.
“We don’t believe in fighting. We only believe in following due process. Thank God the Federal High Court has affirmed and they should pay us our money which they have collected. The revenue derivation should continue to be paid into Rivers State coffers. We are happy”, an elated Wike said.
But it was a different kettle of fish for Bayelsa state government which accused the Rivers state government of cunning the application of the suit from them, stating that he only got to know about it on the judgment day. Arthur said Rivers state had brought similar applications on about four occasions but lost all.
He said: “Don’t forget that we were not party to the said action that was brought by the Rivers State. We were not even aware of the pendency of the action up to the stage of this morning.
“I had to call the governor to intimate the governor of the fact that there was a judgment. I have not seen the hard copy of the judgment apart from what I read from papers. I can’t be making a comment on the basis of what is written in papers.
“But I will be in Abuja and I can assure you that Bayelsa state will have a robust defence by way of an appeal as an interested party. It is quite unfortunate. Rivers State had brought similar applications on about four occasions before the Federal High Court.
“Bayelsans should remain calm. We understand that this government is almost at its terminal point, but we still owe a duty to protect the interest of Bayelsa state and the government will not shelve that responsibility at this stage”, he said assuring that the Bayelsa state would challenge the judgement of the high court at the higher.
Then it went oily
In less than subtle response, Dickson accused Wike of deliberately using the disputed oil wells between the two sister states as avenue for personal attack on him and Bayelsans. He further accused the Rivers governor of using the oil wells dispute as cover to create disunity and push wicked and deliberate policy to under-develop some Ijaw communities in Rivers state.
Apparently irked by Wike’s reaction following the High Court verdict, Dickson described his counterpart’s comments on the disputed oil wells as reckless, childish and uncivilized with an evil intent to attack age-long bonds among brothers.
Dickson insisted that Wike’s vituperations and unwholesome behaviour towards him and the people of Bayelsa could no longer be condoned after years of restraint.
Further, going personal, Dickson warned Wike to stop looking at Bayelsa as his conquered political empire and dismissed the Rivers governor’s claims that his state owned Soku oil wells.
And without mincing words reiterated claims on the oil wells, stressing that Soku is a Kalabari (Ijaw) community in Rivers state, adding that the disputed oil wells are located in Oluasiri, Nembe local government area of Bayelsa.
Dickson said unlike Wike his government has led a Pan-Ijaw agenda, which culminated in the building of solid bonds of unity across the six states comprising Ijaw indigenes. Accordingly, he again accused Wike of operating a reckless expansionist agenda which he insisted has ultimately resulted to the Rivers governor starting needless wars with all the neighboring states of Imo, Akwa Ibom, Bayelsa and more to come to the detriment of the unity of the Niger Delta and the South South.
Dickson said he had tried over the years to restrain himself from responding to the unprovoked and unguarded remarks and excesses of Wike out of respect for the Rivers people. He cautioned Ijaw leaders against lending themselves to be used to distabilise the region. Instead, he said they should make sustained efforts to forge solid bonds of unity among the peoples, saying Wike was trying in vain to destroy built relationships.
Rivers justification for claiming oil wells
But speaking at a media parley Tuesday on Rivers’ justification for reclaiming the Soku oil wells, Wike said the state was duly recognised by the respected authorities like the NBC and the Supreme Court which had given specific directives in that regard.
“In 2002, the boundary commission altered the boundary in the 11th Edition of the Administrative Map of Nigeria, made a mistake by shifting the boundary from River Santa Barbara to River St Batholomew.
“At the Supreme Court, the National Boundary Commission (NBC) wrote a letter admitting their error. Supreme Court made an order for the NBC to correct the error of the 11th Edition in the 12th Edition.
“We had to sue the NBC to enforce the order of the Supreme Court, where they were directed to ensure that the Boundary Between Rivers and Bayelsa State is River Santa Barbara.
“Judgment has been given. The best the Bayelsa Governor can do is to go on appeal. You cannot heap your frustration on us. We have nobody to carry guns, so the best place to go is the court”, he said noting that it was a matter of the law being applied as it should since there are clear geographical lines and recognised constitutional limitations.
Rivers in no oil war with states
Responding to Dickson’s allegation that he has been creating conflicts within and between South South states, Wike said Rivers was in no oil wars with Imo or Akwa Ibom states as claimed by the outgoing Bayelsa state governor, adding that he went to court against Imo state to challenge attempt to take what belongs to Rivers.
In the same vein, the former Minister of State for Education and Rotimi Amaechi’s Chief of Staff before they fell apart explained that he went to court against Akwa Ibom state because of illegal deductions of funds from Rivers state by the agencies of the federal government.
He said he still enjoys a good working relationship with the Governors of Imo and the Akwa Ibom States. He said that through the poor leadership of the Bayelsa State Governor, the PDP Governors’ Forum and the PDP South-South Governors’ Forum failed.
Under-developing Ijaw communities in Rivers
Apparently angry, Wike said “What Dickson said was uncalled for. What disharmony am I causing in Ijaw land? I am protecting what belongs to the people. It is the governor of Bayelsa that is causing crisis among Ijaw people by taking what belongs to Rivers.
“He (Dickson) should go to Andoni, Asari-Toru, Akuku-Toru, Opobo and other Ijaw areas in Rivers and see what I have done. APC told Dickson to go to Rivers and see what is happening. Go to Yenagoa, what you see are heaps of refuse, only one road leading to Yenagoa “Oshiomhole said he (Dickson) used N100b to construct an airport, but he said it is N70b. He is leaving office in the next one and half months and the airport is not working. Dickson cannot in all ramification compare with me in terms of development.
“I am doing three flyovers. But in Bayelsa, he has no taste; he has no class. Today, you enter the Golden Tulip hotel through Government House. Let him come out and challenge me in a public debate”.
PDP steps in
Determined to tame the following vexatious tide between these two prominent sons of the party, the national leadership of the Peoples Democratic Party (PDP) waded into the dispute between governors Seriake Dickson of Bayelsa and Nyesom Wike of Rivers over wells oil.
The party in a statement issued by its National Publicity Secretary, Mr Kola Ologbondiyan, on Monday in Abuja, its leaderships have noted the issue, and had activated the party’s internal reconciliation mechanism to settle the matter amicably.
“The PDP recognises that the tone of disagreements between the two respected governors was skin-deep and only borne out of their love and zeal for their respective states.
“The PDP leadership hereby urges both Governors Wike and Dickson, as eminent leaders and frontline stakeholders in our party, to sheathe their swords while the leadership harmoniously resolves the issue,” he said.
Ologbondiyan assured all PDP leaders, critical stakeholders, members and supporters, particularly in Rivers and Bayelsa that the issue was being resolved, urging them to remain calm and united.
“The PDP restates that it remains one big indivisible family and will not allow anything to undermine its unity and focus, especially at this trying time in the history of our nation.”
But Wike kicks
However, barely 24 hours following the party’s public attempt for a truce between them, Governor Nyesom Wike rejected the PDP’s offer to intervene in the conflict with outgoing governor of Bayelsa state, Seriake Dickson over the Soku Oil Wells/fields returned to Rivers state by the Federal High Court.
In an interview on Tuesday, Governor Wike said that there was no premise for the intervention by the PDP leadership since the Federal High Court has already determined the issue in question.
“I don’t why they are interceding. They have no power to resolve the issue of oil wells. Secondly, the matter has been determined by a court of competent jurisdiction.
“Anybody who is not satisfied should go on appeal. Are they interceding on behalf of someone who betrayed the party?
Dickson as APC clown
He accused Dickson of betraying the PDP in the November 16 governorship election by deliberately working behind the scene for APC victory.
“They know that Governor Dickson betrayed and sold out the party. They know that during the 2019 election in Rivers state, what happened in the state. That Dickson worked with my opponent.
“Throughout that period, the national chairman himself knows that people were calling from all over the country to know the situation. Dickson never called one day.
“This was because of his alignment with the opposition. I can show proof that Dickson had already made up his mind to go over to APC.
“I am not going to sit down with anybody to discuss anything as it relates to Governor Dickson. I have no business with Governor Dickson.”
Governor Wike said that the right thing for Dickson to do is to resign from the PDP so that PDP leaders in Bayelsa State can rebuild the party.
“In fact, Governor Dickson ought to have resigned from the party by now, so that the leaders of PDP in Bayelsa would rebuild the party.
“The national leadership of the party should know that the only option left for PDP to be strong in Bayelsa is for Dickson to leave the party,” he said.
The Governor said that the party’s intervention is no longer profitable in view of the incalculable damage done by the outgoing Bayelsa state.
He said: “Where was the party when Dickson sold out? Why couldn’t they come out to speak out? Governor Dickson, you have killed our party in that State. What is anyone wading in for? I am not going to be a party to that and nobody will stop me.
“Nobody fights Rivers State and gets any benefits out of it. I have said it severally. I am not here because of my interest. I am here because of the interest of Rivers State.
“The party would have waded in when they saw fraud. That Dickson was killing the party in Bayelsa state. He has achieved his aim by making sure nobody comes after him as he leaves office in February 2020.
“Do you know the effect of APC winning Bayelsa state? And they are talking of wading in.”
Wike insists Dickson colluded
He further said, “Dickson concluded plans to join the APC. Timipre Silva and Heineken Lokpobiri blocked him. He knew I have strength, he would have consulted me.
