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AG ONDO STATE
V.
AG EKITI STATE

(2001) JELR 47991 (SC)

Supreme Court 19 Oct 2001 Nigeria
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- The dispute arose from the creation of Ekiti State from the former Ondo State pursuant to the States (Creation and Transitional Provisions) Decree No. 36 of 1996, focusing on the devolution of assets between the two new successor States.

Case Details

Suit Number:SC.136/2000
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Counsel:Chief F.R.A. Williams, SAN (with him, Professor A. B. Kasunmu, SAN and T. E. Williams, Esq.) For Appellant Obafemi Adewale, Esq. Attorney-General of Ekiti State (with him, Chief R. M. Esan, SAN; C. I. Akintayo, Esq. Solicitor General of Ekiti State; L. B. Ojo, Esq. Director of Civil Litigation and Yinka Esan, Esq.) For Respondent

KUTIGI, J.S.C. (Delivering the Leading Judgment): By an originating summons the plaintiff seeks for the determination of the following:

"(i) A DECLARATION that by virtue of section 7(1) of the States (Creation and Transitional Provisions) Act 1996 (hereinafter referred to as the 'Act') ALL immovable properties and chattels owned by the plaintiff as at 30th September, 1996 remain vested in and owned by the plaintiff after that date to the exclusion of the defendant with the ONLY exception of those immovable properties and chattels that as at the said 30th September, 1996 were held by a body corporate directly established by a legislation of Ondo State and were situate in the geographical area of Ekiti State.

(ii) A DECLARATION that any agreement or arrangement reached or made between officials or other functionaries of the plaintiff and the defendant in whatever capacity, and any resolution and/or decision taken, or compromise reached in whatever form between the parties herein, which …

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