As we talk about the boundary dispute between the people of Nembe of Bayelsa State and the people of Kalabari of Rivers State of Nigeria, in the West African Sub Region some may think that it just started yesterday or today,
But No! It rather started during the colonial era, precisely in 1920, that was 40 years before the birth of Nigeria, October 1st 1960.
And that time, the people of Kalabari in their own history were not up to 100 years, because they celebrated their first ever centenary in 1984, while Nembe also celebrated centenary on their war with the British at Akassa in 1995, which establishes the fact that Nembe and Kalabari are not twin brothers born into the family of the Niger Delta region the same day.
But that is not the issue, the issue is that Nembe and Kalabari lived in peace together many years during the colonial era before the issue of the boundary dispute came in 1920.
The Nembe and Kalabari are neighbours and that is the way God has made it and there is nothing anybody can do to change it.
It was a sad episode that in Rivers State before Bayelsa was created, there were crisis between the two parties which led to the killings of sons and daughters of fellow Niger Deltans, fellow Nigerians which resulted in the Constitution of the historic, Justice Akiri Commission of Inquiry with a view to bringing a lasting solution between the two neighbouring Communities.
Well, it was the most appropriate thing to have the Nembe/Kalabari (Rivers/Bayelsa) boundary delineated for the interest of peace and development., but that had to be done with due process by the National Boundary Commission (,NBC).
However the Rivers State Governor, Nyesome Wike's controversial claims last week Monday that:
"Justice Ekwo of the Federal High Court sitting in Abuja declared, examining the documents from Government agencies and facts before the Court that the Soku Oil Wells/Fields belonged to Rivers State.
"He ordered the National Boundary Commission NBC to rectify in the 12th Edition of the administrative Map of Nigeria..,"
The Judgement which mounted fresh tensions between Bayelsa and Rivers State on the issue of the boundary was like a bomb or a wild fire that spread across the nation and beyond. The worry of the common man at the boundary area was the security threats they suffered sleeping with their two eyes opened, because of fears of the unknown.
Thank God that the Attorney General and Commissioner for Justice of Bayelsa State, Andrew Arthur timely intervened by calling on the people of the State to remain calm The Attorney General made a stertling revelations, the way and manner the judgement was announced in the Court rooms of Justice Ekwo before Rivers State and without the knowledge or presence of Bayelsa State. Hear him:
"...the judgement transferring the lands and Oil Wells and Fields of Bayelsa in the Oluasiri axis to Rivers State to the Soku axis "would be upturned... the application by the Rivers State Government was cunningly hidden from the Bayelsa Government adding he only got to know about it on the judgement day.. "
The Bayelsa State Attorney General went further to say that he would not say anything at that moment till a copy of the judgement be delivered into his hands, while calling on the people to remain calm pointing out that, this is not the first time the Rivers State Government had brought similar applications about four occasions, reads:
"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..I had to call to intimate the Governor that there was a judgement..." The Bayelsa State Attorney General concluded.
But it is on record that the same issues contained in the Justice Ekwo's controversial judgement passed through the Çourts and decided by even the Apex Court:
"THE SUPREME COURT JUDGEMENT ON SOKU MADE EASY By Fortune God's Son Alfred makes a good reading:
"Introduction: Before anything, let me remind us that Rivers Sttate was the (Plaintiff) one that went to the Supreme Court. Let me also remind us that Rivers State Government earlier took Bayelsa State Government to Federal High Court on this same issue and lost.
And instead of following the normal appellate process via the Appeal Court, the Rivers State Government instead invoked Constitutional provisions and filled a suit at the Supreme Court in 2011... precisely on the 10th day of July, 2012, the Supreme Court delivered judgment and struck out her case for lack of evidence."
"It is the position of the Court that: "a party who asserts must prove same. This is extant from the provision of section 135 of the Evidence Act."
In that case these were the reliefs sought by the Plaintiff (Rivers State):
"In the Plaintiff's amended statement of claim in paragraph 77 thereof the relief sought against the defendants as follows:
"DECLARATION that the purported boundary between the Plaintiff State as shown in the 11th Edition of the Administrative Map of Nigeria does not represent the correct boundary between the Plaintiff State and the Defendant State.
"2. DECLARATION that the correct boundary between the Plaintiff State and the 1st Defendant is Santa Barbara
"3. DECLARATION that the 1st Defendant's claim to Soku Oil Fields in the Plaintiff's territorial jurisdiction is false, wrongful, illegal, unconstitutional, vexacious, null and void and of no effect whatsoever.
"4. DECLARATION: that the Soku Oil Fields /Oil areWells are situated within the territorial boundaries of Rivers State of Nigeria.
"5.DECLARATION that the Plaintiff State is entitled to all the revenue that has accrued and is accruing to the Federation Account from the said Soku Oil Wells/Fields from July, 2005, by reason of seriation principal stipulated in section 162 (2) of the Constitution of the Federal Republic of Nigeria, 1999.
"6.DECLARATION that all accrued revenues from the Soku Oil Fields/Oil Wells however arisen and either being kept in the account know as Rivers State/Bayelsa State Excrow account" or any other account be released forthwith to the Plaintiff with all accrued interest thereon
"7.AN ORDER against the 2nd Defendant for account of revenue that has accrued to the federation account from "Soku" Oil Fields/Wells on the basis of derivation principle, from July, 2005 which Rivers State should have received but for the wrongful payment of same by the 2nd Defendant to the 1st Defendant.
"8. AN ORDER for payment by the 2nd Defendant to the Plaintiff of any sums due from the Federation Account to Rivers State upon the taking of such account.
"9 OR IN THEr EVENT THAT all sums found due upon the taking of such account have been paid to the first Defendant, then an other directing the 1st Defendant to pay and/or refund to the Plaintiff all the revenue wrongly paid to the 1st Defendant from the Federation Account in respect of the Soku Oil Fields/Wells from July, 2005.
"10. FURTHER to relief (1) AN ORDER directing the 2nd Defendant to cause to be deducted from the statutory allocation of the 1st Defendant and cause to be paid over to the Plaintiff any sums due from the Federation Account to the Plaintiff State upon taking of such account.
"11AN ORDER OF PERPETUAL INJUNCTION restraining the Federal Government of Nigeria by itself, its servants, agents or aprivies and all its agencies or dependants and funtionaries howsoever called or described from allotting or continuing to allot the Soku Oil Fields/Oil Wells to the 1st Defendant
"12 AN ORDER directing the Federal Government of Nigeria by itself, it's servants, agents or privies and all its agencies or dependants and funtionaries howsoever called or described to continue to continue t and or pay the Plaintiff State all revenues and/or proceeds accrued and/or derived from Soku Oil Fields/Oil Wells."
After painstakingly examining the evidences before the Apex Court Judgement was delivered.
"THE JUDGEMENT
SULEIMAN GALADIMA, J,S.C:
Delivering the Leading Judgement.
"Nowto the merit of the Plaintiff's claim in this suit. The Plaintiff by the institution of this suit, challenges the allocation of revenues to the 1st Defendant by the 2nd Defendant from Oil proceeds to the Federation Account from Soku Oil Wells/Fields are located in Rivers State. This contention is based on the premise that the boundary between the Plaintiff and the 1st Defendant States is Santa Barbara River
On the order hand, the 1st Defendant asserts that the same Soku Oil Wells/Fields which he 1st Defendant refers to as Oluasiri Oil Wells/Fields are situated in Bayelsa State, because the boundary between the 1st Defendant and the Plaintiff is the St Bartholomew River.
"We do not require copious formulation of issues by the parties to resolve this case.
The sole issue is the actual location of Soku Oil Wells/Fields (as called by the Plaintiff) or Oluasiri Oil Wells/Fields (as called by the 1st Defendant).
The determination of the issue is dependent on what the correct boundary of the Plaintiff and 1st Defendant States is. Is it Santa Barbara River as claimed by the Plaintiff or San Bartholomew River as claimed by the 1st Defendant?
That is the question.
"From the averments in paragraph 14,15,16,19,20,and 21, the official performances of the agencies, were not satisfactory and acceptable to the Plaintiff and are vehemently criticized and reproached thus:
"14, prior to 2006, derivative funds/proceeds from Soku Oil Fields/Wells had already been paid to Rivers Sttate on the basis that Soku Oil Fields/Wells are located in Rivers State.
"15 From 2006, the Revenue Mobilization Allocation and Fiscal Commission single handedly and unilaterally changed the existing order and have since been giving derivative funds/money accruing from Soku Oil Fields/Wells to Bayelsa State to the detriment of Rivers Sttate where Soku Oil Fields/Wells are situated.
"16. The Revenue Mobilization Allocation and Fiscal Commission based its decision on the 11th Edition of the Administrative Map of Nigeria which put the boundary between Rivers State and Bayelsa State as or at St.Bartholomew River.
"19. The National Boundary Commission (NBC) admitted it's mistake of changing the natural administrative and political boundary between the Plaintiff State and the 1st Defendant State from River Santa Barbara to River St.Bartholomew in the letter dated 3rd July,2002 a d undertook to amend it in the publication of it's 12 Edition of Administrative Map. The letter is hereby pleaded.
"20 The National Boundary Commission (NBC) admission of error/fault was in reaction to the Plaintiff State's protest letters dated 28th March 2002.
"21 In the letter of 15th September, 2008 addressed to the Surveyor General of the Federation and copied the National Boundary Commission was reminded on the need to revive the 11th Edition of the Administrative Map as promised it's letter of 3rd July, 2002.
The Plaintiff claims that the 11th Edition of the Administrative Map of Nigeria is fraught with irregularities and errors and even that "surreptitiously" changed the natural boundary, it promptly protested to writing to the National Boundary Commission on 25/03/2002 and on 20/06/2002 and 31/7/2002 the NBC admitted that the change in the Boundary from River Santa Barbara to River St. Bartholomew was an error and it was to be corrected in the next Edition of the Map.
"It is on account of the foregoing and because of the technical nature of the dispute and the claims of the parties this Court finds that the NBC as an authority vested with authorities and expertise, know-how in dealing with this matter should have once.and for all concluded an exhaustive exercise of delineating the disputed boundary.
Hence the long awaited 12th. Edition of the Administrative Map when completed soonest would have been of tremendous assistance in settling this lingering dispute.
"In the light of the observations I have clearly expressed above, I do not feel comfortable to grant the declaration sought until the NBC concludes it's exercise of delineation of disputed boundary to finality. It will be futile and premature to determine the boundary of the two parties States in the present circumstances.
However, the appropriate order to be made in the prevailing circumstance is that of striking out the Plaintiff's suit, and I so order accordingly, each party to bear it's cost."
Dahiru Musdapher
Mahmud Mohammed
J.A. Fabiyi
Olufunlola Oyelola Adeyeke
It would be recalled that:
"The Nigerian Voice (TNV) wrote about the same boundary between Rivers and Bayelsa State with the Headline :
"Hard Facts About The Attribution Of Oluasiri (Soku) Oil Wells/Fields To Bayelsa State Jan.8,2014" reads:
""Now the HARD FACTS ABOUT THE OLUASIRI (SOKU) Oil Wells/Fields.
1. With the creation of Bayelsa State in 1996, the interstate boundary demarcation issue between Bayelsa State and Rivers States resurfaced inevitably with both parties making claims to appropriate agencies.
... The Federal Government in October 2000 set up a presidential Committee On Disputed Oil Wells headed by Maj. Gen. A.B.Mamman mni (rtd) to verify the claims and counter claims of disputed Oil Wells and fields in all the affected States.
The composition of the said Committee had representatives of the RMAEC, Nigerian Navy, National Boundary Commission, Office of Surveyor General of the Federation, Department of Petroleum Resources and other notable public figures drawn from all works of life.
The Committee Members include key personalities such as:
Chief Ejofor Onyia, Chief Olotu Frank Aakpoebi, Chief Bayo Akintola, Alhaji Bello Kware, Alhaji Yakubu Shehu, Barr. Ikechukwu Obiorah, Hon. Chief (Dr) Peter Amadi Nwskwo, Hon. Alhaji Abu Gidado, Hon. Chief Abu King Shuluwa, Hon. Mohammed Lamin, Hon. Barr. Emeka Wogu, Surveyor F.A Kassim, ( the then Surveyor General of the Federation), Surveyor J. O. Okafor NN, Capt. S.A. Akinbanmi, Lt. Comdr. T. Dick, Comrd O.M.Olatunji, Lt. Comdr. L.N. Ugwu, Mr. O.J Odogwu, Mr.I Frank Briggs, Surveyor M.O. Arowolo, Surveyor A.E Ayeni, Dr.M.B Ahmed and Surveyor A. Umar.'
"The Revenue Mobilization Allocation and Fiscal Commission (RMAFC) in its report the famialization/verification visit to Oil producing States, Volume 1 Main Report August 2006 in Chapter 3 page 30 also acknowledged the arbitrary naming of oil facilities...as follows:
The Bayelsa /Imo/Abia State Governments complained that the naming of Oil Fields was often done arbitrarily... This has given rise to wrong attribution by relevant agencies. It is on record that:
"The Special Presidential Committee On Verification of disputed Oil Wells in volume one of its report on disputed Oil Wells of December 2000 (pages 25/26) after painstaking field verification process and hearing from both States stated and recommended as follows:
"4,5,6 oil Field.
The team relied on the legal notice captioned "The Eastern Region Local Government Law, 1955 E R NO 26 of 1955. Instrument Establishing the Nembe District Council" tendered by Bayelsa State on pages 40-41 of its submission... that while the Kalabaris of Rivers State call the area Soku, the Nembe people of Bayelsa State call it Oluasiri which is one of the Councils mentioned in paragraph 5 of the above mentioned instrument."
And that Presidential Committee said this:
"In the light of the above, it is recommended that the production of the Soku Oil Fields be attributed to Bayelsa State"
" The said letter was dated 12th July 2004 when President Goodluck Jonathan was Deputy Governor of Bayelsa State.
"Following the above letter which conclusively decided that the above Oil Wells be attributed to Bayelsa State, the Rivers State Government instituted a suit at the Federal High Court Abuja in 2005 seeking to set aside the determination by RMAFC.
During the pendency of the suit, all parties agreed to open an ESCROW account into which sums accruing to the disputed Oil Wells were paid.
"Following Bayelsa State Government's Legal Objection to the said suit, the Rivers State Government realizing the futility of its case applied to withdraw whereupon the said suit was withdrawn and struck out at their insurance. This the EXCROW account arrangement put in place during the pendency also lapsed."
It was also reported that:
"In that same year, Bayelsa State Government applied for the release of funds based on the determination of RMAFC in its favor from July 2004, the Revenue Commission officially attributed the Oluasiri/Soku Oil Well to Bayelsa State and the amount of N7 292,218,892 was subsequently released from the ESCROW account to Bayelsa State on 19th March 2007 during the administration of President Olusegun Obasanjo 'lAnother aspecl of the matter was that:
"Upon withdrawal of the case at.the the Federal High Court based on the objection by the Bayelsa State Government, this time the Rivers State Government instituted a fresh suit at the Supreme Court of Nigeria, Vide Suit Number SC,106/2009, Attorney General of Rivers State VS Attorney General of Bayelsa State/ Attorney General of Federation. On the 10th of Luly, 2012 the Supreme Court unanymously struk the suit on the ground that the national institution set up by law for the purpose of boundary determination be allowed to carry out it's work of properly establishing the clear boundary between the two.states...
"The Supreme Court further opined that the National Boundary Commission should conclude... the interstate boundary delineation exercise. between Rivers and Bayelsa State to its finality...
"In compliance with the Supreme Court Judgement, the National Boundary Commission and its related agencies alongside Rivers and Bayelsa State's in January 2003 continued the boundary delineation exercise until the Rivers State Government Officially withdraw from the exercise."
The Rivers State Governor, Nyesome Wike is not unaware of all these, yet he went about telling lies and deceiving the nation and the world, crying 'wolf' where there was none.
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