The Supreme Court has struck out a suit filed by the Bayelsa State government over disputed Soku oilfield belonging to Rivers State.
The apex court said the Bayelsa State government by seeking the nullification of the judgment of the Federal High Court, delivered in favour of Rivers State, when the Court of Appeal has not even ruled on the matter, was an abuse of court process and forum shopping.
Bayelsa State government had filed Suit: SC/CV/649/2020 through its Attorney General against the Attorney General of the Federation and Attorney General of Rivers State, after the Federal High Court in Abuja ordered it to refund the 13 percent derivation it had received over the years from Soku oilfield, to Rivers State.
Justice Ngwuta, who led a panel of seven justices to hear the suit on Tuesday, wondered why the Bayelsa State government decided to file the suit at the apex court, whereas steps were being taken to challenge the judgement of the Federal High Court at the Court of Appeal.
Justice Ngwuta observed that the Bayelsa State government was jumping the gun and its action was tantamount to abuse of court process. He asserted that there was no way the Supreme Court could make pronouncement on a judgment that was given by a Federal High Court when the appellate court had not done so.
He explained that the Supreme Court does not have jurisdiction on a matter relating to a High Court. To this end, he directed the Bayelsa State government to take its grievances to the Court of Appeal.
It was on the basis that the counsel to the Bayelsa State government, Kemsauode Wodu, applied for a formal withdrawal of the suit and it was struck out by the Supreme Court.
It will be recalled that Justice Inyang Ekwo of the Federal High Court, Abuja, while delivering judgement in Suit Number FHC/ABJ/CS/984/19, filed by Attorney-General of Rivers State against the National Boundary Commission, based on documents from relevant government agencies, had declared that the Soku oilfields belong to Rivers State.