A-G., IMO STATE V. A-G., RIVERS STATE

• Pages: 370-385

A-G., IMO STATE V. A-G., RIVERS STATE



370

5



A-G., IMO STATE V. A-G., RIVERS STATE

A-G., IMO STATE

V

10



A-G., RIVERS STATE

SUPREME COURT OF NIGERIA

FATAI-WILLIAMS, C.J.N.

SOWEMIMO,



J.S.C.

15



BELLO,



J.S.C.

IDIGBE,



J.S.C.

OBASEKI,



J.S.C.

ESO,



J.S.C.

UWAIS,



J.S.C.

20



12th August, 1983

PLAINTIFF

DEFENDANT

SUIT NO. SC 82/1982

Constitutional Law - Supreme Court - Determination of causes and matters -

Competence of any justice of the Supreme Court hearing cause or matter to

pronounce expressed opinion of another justice where latter unable to reduce

25





his opinion to writing (through death) or to be present at delivery of other

justices' judgments - Judicial powers - Exercise of - Bar under s.6(6)(d) of 79

Constitution with regard to legislative competence - Action by Imo State

Government against Rivers State Government claiming area in dispute as Imo

State territory.

30

ISSUES:

1. Whether Rivers State is limited to having only 9 local government areas under

the Rivers State Local Government Edict No. 18 of 1976. Whether the creation

of another local government area can be challenged as

ultra vires

35





2. Whether the courts have jurisdiction to entertain any enquiry into the

competence of the Federal Military Government to promulgate any Decree in

the years from 16th January, 1966 to 30th September, 1979 inclusive.

3.

What is the extent of the areas called "Ukwa" and "Otega'' which appear under

Imo and Rivers States respectively, in Part I of the First Schedule to the

40



Constitution of the Federal Republic of Nigeria 1979?

4.

Whether the opinion of one justice may be expressed by another justice, in the

absence of the former.

FACTS:

The Government of Imo State instituted this action against the Government of

45





Rivers State, claiming a declaration that authority to exercise to legislative, execu-

tive and judicial powers in an area in dispute, belongs exclusively to the Imo State

Government, and an injunction to restrain the Rivers State Government, or any

other state from exercising legislative, executive or judicial powers over the said

area.

50





When the two States were created (out of East Central State,) the Imo River was

made the Natural Boundary between Imo & Rivers States, thus dividing one clan

into two, some of them being in Imo State, and the rest in Rivers State.

371



NIGERIAN SUPREME COURT CASES

[1983] N.S.C.C.

The Rivers State Government, as defendants, relied on the "Federal Military

Government's views on the Reports of the Boundary Adjustment Commission",

which created `Otega' as a 10th Local Government Area in Rivers State, and the

provisions of the Constitution.



Imo State Government challenged the creation of the 10th Local Government



5

Area.

HELD:

1.

There is no law which limits the number of Local Government Areas in Rivers

State to 9, or prohibits the creation of new ones. The 10th area was validly

included in the Constitution thus the plaintiffs claim cannot succeed.



10

2.

Section 258(2) & (3) of the 1979 Constitution provides that the opinion of a

justice may be pronounced by another justice, or read, whether or not he was

present at the hearing, thus late Justice ldigbe's opinion was rightly expressed.

3.

Section 6(6)(d) of the 1979 Constitution is a complete bar to any enquiry into



the competence of the Federal Military Government to promulgate any Decree



15

in the years from 16th January, 1966 to 30th September, 1979, inclusive.

4.

That ''Otega" in Part I of the First Schedule to the Constitution was intended to

read "Otega" which in him means Okrika, Tai/Eleme, Obigbo local government

area of Rivers State. Therefore "Ukwa" under Imo State in Part I of the First



Schedule to the Constitution means the area of "Ukwa" as indicated under the



20

schedule to the states (Creation and Transitional Provisions) Act, 1976, but less

Ndoki area south of the Imo River and Abigbo or Obigbo together with the

surrounding areas in question all of which were part of Asa.

CASE REFERRED TO IN JUDGMENT:



25

1.

Uwaifo v. The Governor of Bendel State (1982) 7 S.C. 139.

Chief F.R.A. Williams, S.A.N.

(with him

L.C. Alinnor, Legal Adviser, Imo State, L.

Williams, O.K. Aderinokun (Mrs.)

and

P. Umeadi)

for the Plaintiff.



K. Sofola, S.A.N.

(with him

Dr. M. Odje, S.A.N,, M.O. Jinadu (Mrs.), K.S. Sofola)



30

for the Defendant.

SOWEMIMO, J.S.C.

(Delivering the Judgment of the Court): In this action the

plaintiff claims:

35

i.

A declaration that the authority to exercise legislative, executive and judicial

powers in or over the villages of Obunku, Ayama Umuosi, Egberu, Okoko-

ma 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



40

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 Govern-

ment of Rivers State of Nigeria;



45

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.

A declaration that the area described as Ukwa in the First Schedule to the



Constitution of the Federal Republic of Nigeria is the identical area compris-



50

ing the Local Government described by that name in the First Schedule to

the Imo State Local Government Edict No. 20 of 1976;