A-G., Imo State V. A-G., Rivers State (1983)

SOWEMIMO, J.S.C.

In this action the plaintiff claims:

i. A declaration that the authority to exercise legislative, executive and judicial powers in or over the villages of Obunku, Ayama Umuosi, Egberu, Okokoma Afam Uku, Afam Nta, Mgboji, and Obeakpu, (in the Unilhueze 1 Local Council Area) and Umuagba, Okpontu, Maraihu Azuogu and Obete (in the Umuokobo Local Council Area) is vested in the Government of Imo State of Nigeria to the exclusion of the Rivers State of Nigeria;

ii. A declaration that the authority to exercise legislative, executive and judicial powers in or over the villages of Obigbo, Komkon and Obeama is vested in the Government of Imo State of Nigeria to the exclusion of the Government of Rivers State of Nigeria;

iii. An Injunction restraining all officers agents and servants of the Government of Rivers State from exercising legislative, executive or judicial powers in or over any of the villages mentioned under items (i) and (ii) above;

iv. A declaration that the area described as Ukwa in the First Schedule to the Constitution of the Federal Republic of Nigeria is the identical area comprising the Local Government described by that name in the First Schedule to the Imo State Local Government Edict No. 20 of 1976;

v. A declaration that the Ukwa Local Government established by the Imo State Local Government Edict No. 20 of 1976 is the proper lawful authority to exercise the powers and functions conferred by law on local governments in or over the villages mentioned under items (i) and (ii) above;

vi. An injunction restraining all other persons or authorities established by law in force in Rivers State from exercising any powers or functions in or over the villages mentioned under items (i) and (ii) above or any of them.

Pleadings were exchanged and evidence was called by both parties.

For the plaintiff the Governor of that State was one of the witnesses who have evidence. His Excellency became Governor of Imo State on 1st October, 1979.

Before then Imo State, which was created in 1976, was under Military Administration until 30th September, 1979. On the defendant’s side, the Military Administrator, who was in control of the Administration of Rivers State up till 30th September, 1979, gave evidence for the defendant. Several documents were tendered by both parties. Some of the other witnesses who gave evidence on either side were, in the main, merely technical witnesses, in short, all that they had to do was either to tender plans, or official documents of the former Military Administration relating to the boundaries of the two States.

The case of the plaintiff was based principally on what constituted the area known as Ukwa Local Government under the Imo State. The defendant, on the other hand, claimed that certain areas of Ukwa, mainly Ndoki and Asa, which were formerly in the East Central State, from which Imo State was excised, were merged with the Rivers State as a result of the decision of the Military Administration, following the reports of the Irikefe Commission on Creation of States, and the Nasir Commission Report on Boundary Adjustments.

For the purpose of this case, it is not necessary to deal in detail the constitutional history of Nigeria. I shall however mention in general the relevant Orders in Council and Constitutions. This is for the purpose of setting out the constituent units of the country. Before 1951, Nigeria was ruled under a unitary government with a Governor at its head. For administrative purposes it was divided into Eastern Provinces, Northern Provinces, Western Provinces with the then Southern Cameroons and Lagos. By an order made under the Nigeria (Constitution) Order-in-Council 1951, No. 47 of 1951 and Public Notice No. 118 of 1951, the Provinces were changed into Regions with Southern Cameroons administered with the Eastern Region and Lagos as a Federal Territory. The boundaries of the regions were the same as the former constituent boundaries of the Provinces. By the Nigeria (Constitution) Order in Council 1954 further devolution of powers were made to the regions to make them semi- autonomous. This was Legal Notice No. 128 of 1964, but the boundaries of the regions remained the same, save that the Southern Cameroons was excised from the Eastern Region and treated as a Region.

Lagos remained as a Federal Territory and was treated as a region for administration purposes and as capital of Nigeria. Nigeria became an independent sovereign state by virtue of Nigeria (Constitution) Order in Council 1960, No. 1652, Legal Notice No. 159 of 1960. The boundaries of the constituent regions remained the same. The Constitution was replaced by the Constitution of the Federation in 1963, by which the country became a Republic. A new region excised from the Western Region, was created and this was the former Mid-Western Region, which became what is now known as the Bendel State. Throughout all these periods, except for minor adjustment of boundaries, where small areas were excised from some regions, the original boundaries which were formerly provinces, and later divisions remained unaltered.

Local governments were created in the regions. In January 1966, military administration took over the government of Nigeria. By virtue of the States (Creation and Transitional Provisions) Decree No. 14 of 1967, the Federation of Nigeria was divided into twelve states viz six states out of the former Northern Region, three states out of the former Eastern Region, Western and Mid-Western Regions remained unaltered and Lagos remained the capital. The area constituting the East-Central State is described as the present Eastern Region (excluding Calabar, Uyo and Ogoja Provinces and the Ahoada, Brass, Degema, Ogoni and Port Harcourt Divisions). The Rivers State areas comprised Ahoada, Brass, Degema, Ogoni and Port Harcourt Divisions.