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ATTORNEY-GENERAL, RIVERS STATE V. ATTORNEY-GENERAL, AKWA IBOM STATE & ATTORNEY-GENERAL OF THE FEDERATION

(2011) JELR 54304 (SC)

Supreme Court  •  SC.27/2010  •  18 Mar 2011  •  Nigeria

Coram
A. I. KATSINA-ALU CJN WALTER SAMUEL N. ONNOGHEN JSC IBRAHIM TANKO MUHAMMAD JSC JOHN AFOLABI FABIYI JSC OLUFUNLOLA OYELOLA ADEKEYE JSC SULEIMAN GALADIMA JSC BODE RHODES-VIVOUR JSC

Appearances
A.O. Okeaya-Inneh SAN (with him, K. Ibikunle-Awopetu (Mrs.), O.I. Okeaya-Inneh) for the Plaintiff; Paul Usoro SAN (with him, Chief Duro Adeyele SAN, Augustine Odokwo DCL, M. Udoh, Fola Ojibara, Ayodele Babalola, Gloria Nwamu, J. Abiola, F. Fayokun (Miss) and Joseph Akpan) for the 1st Defendant; Audu Anuga (with him, I. Gbashima and Luter Atagher) for 2nd Defendant.

Judgement
<p><strong> KATSINA-ALU CJN (Delivering the Lead Judgment): </strong> The facts of this case are simple and straightforward. These can be gleaned from paragraphs 4 - 12 of the statement of claim which state as follows:</p><p>4. The plaintiff states that upon the implementation of the Onshore/Offshore Dichotomy Abrogation Law, 2004, pursuant to the decision of this honourable court in suit No. SC/28/2001 between <em> Attorney-General, Cross Rivers State v. Attorney- General, Federation, </em> a dichotomy separating onshore and offshore production and restricting oil producing states to drawing their 13% derivation funds from revenue produced onshore only was introduced.</p><p>5. The plaintiff avers that the 2nd defendant thereafter directed its agency - the National Boundary Commission (NBC) to produce maps of littoral states to determine the attribution of oil wells based thereon with a view to demarcating the maritime boundaries of littoral states including the plaintiff and 1st defendant.</p><p>6. Further to the above, the plaintif…</p>

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