Attorney-general Of Bayelsa State V. Attorney-general Of Rivers State (2006)

LAWGLOBAL HUB Lead Judgment Report

ONNOGHEN, J.S.C.

By an amended statement of claim deemed filed and served on the 9th day of February, 2006 the plaintiff claimed against the defendant, the following reliefs:

(1) A declaration that Bayelsa State is entitled to at least 45% in the shares and profits of all joint venture investments of the old Rivers State, the particulars of which are set out in paragraph 15(i) – (ii) of the statement of claim.

(2) An order enjoining Rivers State to join in the transfer to plaintiff of the shares to which it shall be adjudged entitled under relief 1.

(3) An order enjoining defendant to transfer and deliver to the plaintiff with vacant possession, the buildings and premises known as Nos. 5 and 9 Akassa Street, Old GRA, Port Harcourt as they were on 1/10/96 in pursuance of the agreement between the parties as approved by the Federal Military Government.

(4) An order that the defendant transfer to the plaintiff 51% of the buildings and houses in Rivers State and not located in Lagos State or exempted by Decree No. 36 from sharing and not already shared by the parties in accordance with the agreed and approved sharing formula. In the ALTERNATIVE, an order that defendant do pay to Bayelsa State 51% of the value of such property as pleaded in paragraph 5(2)(ii) of the statement of claim – that is to say, property vested in the old Rivers State as at 30/9/96.

(5) An order that the sharing of the property in Lagos State be adjusted in such a manner that plaintiff will have 51% of the property or 51% of the value of the property shared in Lagos with consequential order that the loss of plaintiff in respect of the current share be met by payment of such sum as will bring Bayelsa State’s share of the property in Lagos to 51% or reduce Rivers share in Lagos to 49% of the agreed value as pleaded in paragraph 152(iii) (sic) of the statement of claim.

(6) An order that the joint surveyors or new surveyors appointed by each side be commissioned to carry out joint valuation and produce a joint valuation report of the value of the tertiary institutions and media houses as pleaded in paragraph 15(3) of the statement of claim and the plaintiff’s share there of in accordance with the agreed sharing formula be paid to Bayelsa State Government by the defendant.

(7) An order that the one dredger and one boat referred to in paragraph 15(4)(i) of the statement of claim be released to the Bayelsa State Government by the defendant OR in the alternative, to pay to the Bayelsa State Government the value thereof.

(8) An order that the 119 vehicles referred to in paragraph 15(4)(ii) of the statement of claim be shared in accordance with the agreed sharing formula OR in the alternative, defendant do pay to the plaintiff 51% of the agreed value of the said vehicles.

(9) An order that the plants and machinery clearly identified and valued in the joint valuation exercise carried out by both States as pleaded in paragraph 15(5)(i) of the statement of claim be shared in accordance with the agreed sharing formula. In the ALTERNATIVE, defendant be ordered to pay to the plaintiff 51% of the agreed value of the said plants and machinery, furniture and other equipment.

(10) An order that the plaintiff (sic) and machinery for Yenagoa and Sagbama Industrial Estates now kept in the Government warehouse in Port Harcourt as pleaded in paragraph 15(5)(ii) be released to Bayelsa State.

(11) An order that the cash balances as at 1st October, 1996 as pleaded in paragraph 15.6 of the statement of claim be shared in accordance with the agreed sharing formula.

(12) An order that the sums of money due and available in bodies pleaded in paragraph 15(7) of the statement of claim be shared and plaintiff’s share of 51% be released to it by the defendant.