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THE ATTORNEY-GENERAL OF CROSS RIVER STATE v. THE ATTORNEY-GENERAL OF THE FEDERATION & Anor

(2005) JELR 45203 (SC)

Supreme Court  •  SC.124/1999  •  24 Jun 2005  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; DAHIRU MUSDAPHER JSC; DENNIS ONYEJIFE EDOZIE JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC; GEORGE ADESOLA OGUNTADE JSC; SUNDAY AKINOLA AKINTAN JSC;

Judgement

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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