The Supreme Court ruled on Tuesday that the 76 disputed oil wells claimed by Cross River State actually belonged to Akwa Ibom State.

A seven-man panel of justices of the apex court held that Cross River State was not a littoral state, and therefore, could not lay claim to the oil wells, which are located in the Atlantic Ocean.

The court dismissed the suit in which Cross River State challenged the transfer of the 76 oil wells to Akwa Ibom State by the Revenue Mobilisation, Allocation and Fiscal Commission, for lacking in substance and merit.

The Cross River State Government had approached the Supreme Court claiming that the 76 oil wells legally belonged to it.

The plaintiff joined the Federal Government as the second respondent in the suit.

Besides asking the apex court to hold that the 76 oil wells belonged to it, the Cross River State Government also prayed the apex court to compel both the Federal Government and Akwa Ibom State to pay to it the sum of N15.5bn, which it claimed was the 13 per cent derivation it ought to have received from November 2009 to March 10, 2010.

The state also asked for an order of perpetual injunction restraining the Federal Government from excluding it from its entitlement to 13 per cent derivation in relation to the sharing of revenue from the Federation Account as a littoral state based on the 76 oil wells.

But Akwa Ibom State opposed the claims of Cross River State, arguing that the latter was no longer a littoral state, following Nigeria’s loss of the Bakassi Peninsula to Cameroon.

When the Supreme Court resumed to deliver judgment in the matter on Tuesday, Cross River State attempted to abort the event, as its counsel, Mr. Paul Erokoro, SAN, drew the apex court’s attention to a recent motion it filed, asking the court not to proceed to deliver judgment in the case.

In the motion, the plaintiff asked the court to reopen the hearing afresh.

The motion was filed after the matter had already been adjourned for judgment.

“The motion raises very weighty allegations,” Erokoro insisted.

However, Justice Mohammed Mahmoud, who headed the panel, maintained that the scheduled judgment must be delivered.

He, however, informed Cross River State that it could still come back to the court for redress, even after the judgment had been delivered.

Mahmoud said, “Whatever relief you want, you can come after the judgment today. The panel cannot be reconstituted again. Justice Adekeye, who wrote the lead judgment, is on his way to retirement.

“The CJN cannot reconstitute this same panel to hear the matter afresh. It has to be heard by a new panel. Please bear with us.”

The court panel thereafter proceeded to deliver its judgment.

In the judgment, read by Justice Bode Rhodes-Vivour, the apex court agreed with the argument advanced by Akwa Ibom State that Cross River State, which used to be a littoral state when the Bakassi Peninsula was part of Nigeria, lost that status with the handing over of the area to Cameroon.

The court held that the 76 oil wells claimed by Cross River State were located in the Atlantic Ocean, and, being a non-littoral state, it could not own the oil wells.

“Cross River State is not a littoral state. The state cannot own oil wells in the sea and cannot claim such,” Rhodes-Vivour held.

The Justice noted that the court could not make a contrary pronouncement just because of the influx of refugees into Cross River from Bakassi Peninsula.

The apex court also held that the 13 per cent derivation for Akwa Ibom State stood with the retention of the 76 oil wells by the state.

Dismissing the appeal, Rhodes-Vivour said, “The entire claims of the plaintiff against the 1st and 2nd respondents (Akwa Ibom State and Federal Government) fail for lacking in substance and merit.”

Punch