A.G. Cross Rivers State V. A.g. Federation & Anor (2005)

LAWGLOBAL HUB Lead Judgment Report

EDOZIE, J.S.C.

Pursuant to the original jurisdiction conferred on the Supreme Court by section 232(1) of the Constitution of the Federal Republic of Nigeria, 1999, the plaintiff, the Cross River State (CRS for short) represented by its Attorney-General, by a writ of summons instituted this action in this court against the defendants, the Federal Government of Nigeria (FGN) and the Akwa-Ibom State (AKS) respectively represented by their Attorneys-General. Pleadings were settled, duly filed, exchanged and subsequently amended. In the plaintiff’s final pleadings that is, the 4th amended statement of claim, in paragraph 40 thereof, the reliefs sought against the defendants are formulated thus:-

“40(1) The plaintiff’s claim against the defendants is for:

A declaration that the boundary between Cross River State (CRS) and Akwa-Ibom State (AKS) is as shown in the boundary delimitation by NBC dated 30th March, 2004 and revised on 5th July, 2004.

(2) Plaintiff’s claim against the 1st defendant is for:

(a) an order of account of revenue that has accrued to the Federation Account from mineral oils derived from Cross River State on the basis of the derivation principle from 23 September, 1987 to 28 of May (sic) which Cross River State should have received but for the neglect, omission or willful default of the Federal Government of Nigeria;

(b) an order for payment to Cross River State of any sums due from the Federation Account to Cross River State upon taking such account;

(c) an order of account of revenue due to the Cross River State from the revenue that has accrued to the Federation Account from mineral resources more particularly mineral oil derived from Cross River State from 29 May, 1999 to date of judgment, being revenue which Cross River State should have received but for the neglect, omission or wilful default of the Federal Government of Nigeria;

(d) an order for payment forthwith of the admitted sum ofN3,329,433,537.42 (sic)(Three billion,

two hundred and thirty-two million, four hundred and thirty-three thousand, five hundred and thirty-seven naira, forty-nine kobo) being areas of revenue due to CRS under the provisions of section 162(2) of 1999 Constitution from May 29 to July 2002 and any additional sum due and thereafter until full payment thereof.

(3) The plaintiff’s claim against the 2nd defendant is for:

(a) A declaration that (the) state (authority) to exercise administrative, executive, legislative and judicial powers or functions in or over:

(i) all cities, towns and villages in Odukpani Local Government and more particularly in Obot Akapabio (sic), Ikot-Offiong Ebiti, Asang, Okpo, Afia Isong Plantation, Ikot Efa Bench, Etehentem, Idim Nkem, Nkpan Uruk, Ikot Essien, Ekpe Inyang, Esuk Ediong, Mbiabo Ikot Edem, Mbiabo, Mbiabo Abasi Efiari, Mbiabo Ikoneto, Ikot Nya, Odu Mma-Edem, Ikot Akpana, Okoho, Akwa Efe, Akpatre Efe, Odot Forest Reserve and Okpokong Bridge;

(ii) all cities, towns and villages in Calabar South Local Government Area (particularly Alligator Island, James Island and other unnamed Islands,) and Akpabuyo Local Government Area; and