A.G. Rivers State v. A.G. Federation & Anor (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

HELEN MORONKEJI OGUNWUMIJU, J.S.C. (Delivering the Lead Judgment)

This suit was initiated by writ of summons filed by the Plaintiff on the 30th day of December, 2020 pursuant to S. 232 (1) of the Constitution of the Federal Republic 1999 (as altered) and Order 3 of the Supreme Court Rules, 1985 (as amended). It seeks for the exercise of the original jurisdiction of this Court and for the grant of six principal declaratory reliefs and four ancillary reliefs as stated in the civil summons and the statement of claim.

The Plaintiff filed several witness Statements on oath which were frontloaded with exhibits. The 1st Defendant filed a Defence, Notice of Preliminary Objection, with witness statements on oath which were frontloaded. The 2nd Defendant also filed a copious Defence and Counterclaim, Notice of Preliminary Objection, witness statements on oath, which were frontloaded. Several exhibits were attached to the witness Statements on both sides.

This Court directed on 1/11/21 that the preliminary objection be taken along with the substantive case and the suit be determined by affidavit evidence alone in that the written depositions of witnesses shall be treated as affidavit evidence as if in a suit by originating summons without the necessity of calling the deponents as witnesses. The Plaintiff claimed the following reliefs, namely:

1. A declaration that the boundary between Rivers State and Imo State as delineated on Nigeria Administrative Map 10th Edition, 11th Edition, 12th Edition, and other Maps bearing similar delineation are inaccurate, incorrect and do not represent the legitimate and lawful boundaries between Rivers State and Imo State.
2. A declaration that in so far as the Nigeria Administrative Map 10th Edition, 11th Edition, 12th Edition, and other Maps bearing similar delineation relate to the boundaries between Rivers State and Imo State, the said Maps are unlawful and void, cannot be relied on to determine the extent of the territorial governmental jurisdiction of Rivers State and to determine the revenue accruing to Rivers State from the Federation Account, including the application of the principles as provided for by the Constitution of the Federal Republic of Nigeria 1999, as amended, especially population, land mass, terrain and population

density among others.

3. A declaration that the correct instruments, maps and documents to be relied on in determining the boundary between Rivers State and Imo State are those used by the Plaintiff in delineating the boundary line between the Plaintiff and the 2nd Defendant including Decree No. 14 of 1967, Decree No. 12 of 1976, the White Papers/Conclusions of the Federal Military Government on the Irikefe and Nasir Boundary Commission/Boundary Adjustment Commission, the Eastern Nigeria Map, the Provincial Maps of Owerri Province, Warri Province, Onitsha Province, Rivers Province, the Ahoada District Map and Aboh Division Map.
4. A declaration that based on the correct instruments, maps and documents for determining the boundary between Rivers State and Imo State including Decree No. 14 of 1967, Decree No. 12 of 1976, the White Papers/Conclusions of the Federal Military Government on the Irikefe and Nasir Boundary Commission/Boundary Adjustment Commission, the Eastern Nigeria Map, the Provincial Maps of Owerri Province, Warri Province, Onitsha Province, Rivers Province, the Ahoada District Map and Aboh Division Map, the following Rivers State

Communities wrongly attributed to Imo State among other communities are communities within the territorial boundaries of Rivers State and therefore communities in respect of which Rivers State is entitled to exercise governmental and administrative powers including entitlement to benefits derivable from mineral or other resources within the communities namely:

RIVERS COMMUNITIES WRONGFULLY ATTRIBUTED TO IMO STATE
NAME EASTINGS(m) NORTHINGS(m) LGA IN RIVERS STATE Akri (part of Akri) 241723.6550000000 622832.3260000000 OGBA/EGBEMA/NDONI
Ase 237282.82770000000 612235.74830000000 OGBA/EGBEMA/NDONI
Umuarieke 236145.11710000000 609828.03510000000 OGBA/EGBEMA/NDONI
Atia-Meetini 237229.91100000000 607923.03130000000

OGBA/EGBEMA/NDONI
Onuteku 237732.62030000000 606864.69590000000 OGBA/EGBEMA/NDONI
Onujuku 237838.45380000000 605594.69330000000 OGBA/EGBEMA/NDONI
Okwuzi 246603.18820000000 605740.56250000000 OGBA/EGBEMA/NDONI
Okwebo 243597.51550000000 604428.22650000000 OGBA/EGBEMA/NDONI
​Agah 249852.27800000000 605338.39500000000 OGBA/EGBEMA/NDONI

Mbede 247248.77280000000 604131.89260000000 OGBA/EGBEMA/NDONI
Ekpe-Ukazi 249873.44470000000 600702.88570000000 OGBA/EGBEMA/NDONI
Ekpe-Aga 248370.60840000000 597079.14520000000 OGBA/EGBEMA/NDONI
Ekpe-Mbede 248137.77460000000 594285.13960000000 OGBA/EGBEMA/NDONI

Elieto 245396.68570000000 586732.85780000000 OGBA/EGBEMA/NDONI
Ulu 247301.68960000000 590288.86490000000 OGBA/EGBEMA/NDONI
Apani 268784.18240000000 575137.91580000000 IKWERRE
Egba 274991.31980000000 576582.54360000000 ETCHE
Erelaka 299557.93140000000 572061.33460000000 ETCHE
Owu 278531.45190000000 575945.42570000000 ETCHE
Umuoye 282420.83470000000 578088.55500000000 ETCHE
Obite 287024.59390000000 573061.46160000000 ETCHE

Akporku 283611.46210000000 571791.45910000000 ETCHE
Umuokele 289908.55800000000 573590.62930000000 ETCHE
Umuokom 290622.93440000000 572320.62680000000 ETCHE
Umudele 291019.81020000000 573273.12870000000 ETCHE
Ndarshi 291125.64370000000 574781.25670000000 ETCHE
Umuoga 297594.71920000000 574675.42320000000 ETCHE
Okoloche 297383.05210000000 573881.67160000000 ETCHE
Umudi 296774.50920000000

572505.83550000000 ETCHE
Umuoma 299420.34780000000 573908.13000000000 ETCHE
Obeki 302886.39640000000 573008.54480000000 ETCHE
Owubu 302330.77030000000 571950.20940000000 ETCHE
Obi 301193.05970000000 571235.83290000000 ETCHE
Igbodo 298573.67950000000 572849.79450000000 ETCHE
Amuobako 297171.38500000000 571077.08260000000 ETCHE
Egbeda 250880.48100000000 578956.46600000000 EMOHUA
UmuNelu (Omerelu) 263514.36000000000 575913.75200000000 IKWERRE

5. A declaration that all the Oils Wells within Akri and Mbede Communities usually identified with the names Akri (for the Akri Community) and Mbede (for the Mbede Community), including the oil wells identified on the Plaintiff’s Map showing the location of oil wells wrongly attributed to the 2nd Defendant, including Akri 012, Akri 009, Akri 010, Akri 004, Akri West 002, Akri 001, Akri West 001, Akri 003, Akri 002, and Akri South 001. Mbede 017, Mbede 010, Mbede 019, Mbede 018, Mbede 002, Mbede 009 and Mbede 005 are all oil wells within the territory of Rivers State and form part of Rivers State and that it is only the Rivers State, (not Imo State) that is entitled to receive the

full allocation of the distributable revenue derived from the Oil Wells on the basis of the 13% derivation principles as provided for under Section 162 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

6. A declaration that the Plaintiffs’ Map No. 2020/0303 — LD of 22/12/2020 showing the boundary line between the Plaintiff and the 2nd Defendant represents the correct boundary between the Plaintiff and the 2nd Defendant.
7. An Order of Mandatory Injunction directing the 1st Defendant to calculate, to the satisfaction of the Plaintiff, and refund to the Plaintiff all revenue that has been wrongly denied to the Plaintiff and wrongly attributed to or paid to the 2nd Defendant on account of the limit or extent of their territories, including earnings due to the Plaintiff from distributable, revenue derived from the Akri and Mbede Oil Wells.
8. An Order of Injunction directing the 1st Defendant to withdraw from circulating its Administrative Map 10th Edition, 11th Edition, and 12th Edition and to refrain from relying on any of the said Maps for the purpose of determining the boundary between the Plaintiff and the 2nd

Defendant.