The Cross River State government's efforts to reclaim 76 oil wells awarded to Akwa Ibom State by the Supreme Court in 2012 may be futile, according to legal experts Chief Okoi Obono-Obla and Justice Osai Ahiakwo. Despite the state's governor, Bassey Otu, announcing plans to recover the oil wells based on newly discovered evidence, the experts believe the Supreme Court is unlikely to reverse its judgment.
Key Challenges
- *New Evidence Requirements*: To succeed, Cross River State would need to present fresh evidence that is relevant, material, and was undiscoverable during the original trial despite reasonable diligence. The evidence must also be capable of changing the verdict.
- *High Bar for Reopening Cases*: The Supreme Court's decisions are generally final, and reopening a case requires compelling reasons. Obono-Obla noted that such applications are rarely successful, making it a challenging task for Cross River State.
Expert Opinions
- *Chief Okoi Obono-Obla*: Obono-Obla believes that revisiting the case would be a waste of time, public resources, and judicial effort. He advises Cross River State to resist the temptation to return to the apex court, as it may prove futile.
- *Justice Osai Ahiakwo*: Ahiakwo agrees that the Supreme Court's decisions are final but not infallible. He believes the court could revisit its earlier judgment if new evidence emerges or if there were errors of law or procedural irregularities during the original trial ¹.
Akwa Ibom's Response
The Akwa Ibom State government has dismissed Cross River's claims, stating that the Supreme Court's judgment is final and binding. The state commissioner for information, Aniekan Umanah, emphasized that the matter is closed and should not be revisited ².
In conclusion, while it's not impossible for the Supreme Court to revisit its judgment, the high bar set for reopening cases and the experts' skepticism suggest that Cross River State's bid to reclaim the 76 oil wells may indeed be doomed.
