(2005) JELR 45203 (SC)    

Supreme Court  ·  SC.124/1999 ·  24 Jun 2005 ·  Nigeria
Other Citations
A.-G., Cross River State v. A.-G., Fed. [2005] 15 NWLR (Pt.947)71
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria
Core Terms Beta
cross river state
2nd defendant
disputed communities
akwa-ibom state
estuarine boundary
local government area
federation account
statement of claim
boundary dispute
boundary delimitation
1st defendant
constitution of the federal republic of nigeria
itu lga
local government
mbiabo ikot edem
natural boundary
original jurisdiction
calabar south local government area
common boundary
federal government of nigeria
following affidavit evidence
order of account of revenue
supreme court
2nd defendant sub
areas of revenue
basis of the derivation principle
bearings of the boundary line
boundaries of the constituent lgas
boundaries of the local governments
cameroon mountains
communities of itu lga
copious affidavit evidence
cross river state of any sums
ikot-offiong ebiti
judgment of the international court of justice
leading judgment
learned counsel
learned leading counsel
mineral oils
part of cross river state
respective cases
said amount
wilful default of the federal government of nigeria
willful default of the federal government of nigeria

EDOZIE, J.S.C. (Delivering the Leading Judgment): 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) Plaintif…

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