Dayo Johnson
18 June 2008
Lagos — Following the verdict of the Federal High Court sitting in Benin, Edo State, which returned 260 oil wells earlier ceded to Ondo State to Delta State, the Ondo State Government has filed an appeal against the judgment.
The government through its counsel, Mr. Tunji Salawu, said it had filed a stay of proceeding against the implementation of the verdict.
The Federal High Court, Benin, presided over by Justice C. Nnamani had last week ceded 260 oil wells belonging to Ondo State to Delta State, in a suit filed by one Moses Tene against the Attorney-General of the Federation and his counterpart in Ondo State. According to the notice of appeal filed by the state, "The learned trial judge erred in law when he gave a declaratory judgment in favour of the plaintiffs when, in fact, no evidence was led in proof of the facts contained in the statement of claim. "The learned trial judge erred in law when he proceeded to give judgment in favour of the plaintiffs when there is a pending notice of preliminary objection challenging the jurisdiction of the trial court to entertain the suit.
"The preliminary objection was heard by Honourbale Justice Okeke of the Federal High Court on 5th March, 2008 but before she could deliver her ruling, the Honourable Judge was transferred from Benin Division of the Court to another Division. Justice Okeke was replaced by Justice C. Nnamani."
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