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Sections News Editorial/Opinion Cover Choice Arts & Life Business Politics Sports   Subscription Form Click here       Daily Independent Online.         * Friday, August 13, 2004. Abrogation Act suit: States file defence next week By Rotimi Fadeyi Senior Correspondent, Abuja   As 22 states approach the Supreme Court asking for the reversal of the decision to abolish the onshore offshore dichotomy by the Federal Government, the defendants, including the eight littoral states, are now warming up to file their defence. At the registry of the Supreme Court on Thursday, it was learnt that the states would start filing their defence next week after they have been served with the court papers and pending when the court would resume from its vacation next month. The suit, filed by 19 Northern states and three others, came even as the abolition of the dichotomy had been hailed by the states, particularly those in the Niger Delta. The states that are dissatisfied with the Act, which abolished the dichotomy and have now headed for the Supreme Court, are Adamawa, Bauchi, Benue, Bornu, Ekiti, Oyo, Osun, Gombe, Jigawa, Kaduna, Kano, Katsina, Kwara, Kebbi, Kogi, Nassarawa, Niger, Plateau, Sokoto, Taraba, Yobe and Zamfara states. They are seeking an order stopping the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC) from implementing and relying on the Act for the purposes of allocating the revenue to states and councils from the Federation Account. The Federal Government, the RMAFC and the eight littoral states are listed as co-defendants. The littoral states are Akwa Ibom, Bayelsa, Cross River, Delta, Edo, Ogun, Ondo and Rivers. They are asking the Supreme Court to provide answers to the following questions, among others: • Whether having regard to Section 44 (3) of the Constitution, the provisions of the Territorial Water Act Cap 110, Laws of the Federation 1990 and binding international convention to which Nigeria is a signatory, the defendants could validly cede or give away or concede any part of the seaward boundaries of Nigeria to the littoral states in any manner whatsoever. • Whether in view of Sections 16 and 44 (3) of the Constitution, the provisions of the Territorial Waters Act Cap 110, Laws of the Federation 1990, it was not ultra vires the powers of the Federal Government to make and implement the Allocation of Revenue (Abolition of Dichotomy in the application of Derivation) Act 2004.       Copyright� 2002. All Rights Reserved Independent Newspapers Limited Block5, Plot 7D, Wempco Road, Ogba, P.M.B. 21777, Ikeja, Lagos State, Nigeria. www.independentng.com e-mail: [email protected]

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