The Federal High Court sitting in Yenagoa has adjourned further hearing in a suit filed by the Supreme Egbesu Assembly (SEA) against the Federal Government and the National Assembly over resource control and the proposed creation of additional local government areas in Bayelsa State to July 1.
Justice N. Ayo Emmanuel fixed the new date after proceedings in the case marked FHC/YNG/CS/64/2026, in which prominent members of the Supreme Egbesu Assembly, including Dr. Felix Tuodolo, Weri Digifa, Ebi Waribigha, Kabowei Akambe, Rosebella Jackson, Thomas Jacklloyd, Primrose Kpokposei, David Imole, and Welma Warri, are listed as applicants.
The federal government and the National Assembly are the defendants in the suit, reports The Nation.
The group is seeking an order compelling the National Assembly to create an additional 24 local government areas for Bayelsa State.
The applicants are also pursuing a separate suit, FHC/YNG/CS/63/2026, seeking full control of natural resources by Niger Delta states, as well as the implementation of a true federalism arrangement under which states would remit taxes to the federal government.
Counsel to the applicants, Barrister E. Kenneth Okorodas, said the adjournment became necessary to allow all parties adequate opportunity to present their cases in line with the principle of fair hearing.
He noted that the Office of the Attorney-General of the Federation had filed a response opposing the resource control suit, to which the applicants had already submitted a further and better affidavit, as well as a reply on points of law.
“The matter was scheduled for hearing today, but the Office of the Attorney-General was not in court. Since the law guarantees every party the right to fair hearing, the court deemed it appropriate to grant an adjournment,” Okorodas said.
He further disclosed that the defendants had not yet filed any response in the suit seeking the creation of additional local government areas for Bayelsa State, despite being out of time.
“Although they have not filed any process in the local government creation matter, the court, in the interest of justice and fair hearing, adjourned the case to July 1, by which time we expect all necessary processes to be before the court for hearing,” he added.
Okorodas argued that the suit seeks to compel the Federal Government to uphold the principles of true federalism as enshrined in the Constitution.
He referenced Section 162(2) of the 1999 Constitution, which provides for a revenue allocation framework based on factors such as population, landmass, terrain, and other relevant considerations, subject to recommendations by the Revenue Mobilisation Allocation and Fiscal Commission.
According to him, while the Constitution stipulates that derivation shall not be less than 13 per cent, there is a need for a more equitable and constitutionally compliant revenue-sharing structure that reflects the interests of all federating units.
He expressed confidence that the court would ultimately determine the merits of the arguments presented by both parties, noting that the judiciary would provide clarity on the constitutional issues raised in the suit.
