Ratio Decidendi



AG, IMO STATE
V.
AG, RIVERS STATE.

(1983) JELR 46425 (SC)    

Supreme Court  ·  SC.82/1982 ·  12 Aug 1983 ·  Nigeria
CORAM
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
government of imo state of nigeria
exclusion of the rivers state of nigeria
local council area
exclusion of the government of rivers state
umuokobo local council area
constitution of the federal republic of nigeria
servants of the government of rivers state
military administration
first schedule
plaintiff claims
rivers state
reports of the irikefe commission
imo state
part of imo state
local government edict no.
local government
judicial powers
military administrator
identical area
villages of obigbo
control of the administration of rivers state
boundary adjustments
governor of that state
learned chief justice of nigeria
white paper
federal military government views
said schedule
governor of imo state
tai eleme
parts of the rivers state
federal territory
nasir commission report
cross river state
small areas
following areas
case of the plaintiff
rivers state areas
transitional provisions
areas of ukwa
consequential provision of section
local governments
local government area
creation of states
eastern provinces
justice sowemimo
official documents of the former military administration
own opinion
government white paper
leading judgment
decree no.

SOWEMIMO, JSC (Delivering the Leading Judgment):

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…

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