Subscribe: Gist E-Paper
... Upholds 1985 Boundary Adjustment Act
A High Court has reaffirmed that Akirika Obu-Ndoki is part of Ukwa East Local Government Area of Abia State, relying on the provisions of the Adjustment of Boundaries (Cross River and Imo States) Act (formerly Decree No. 23 of 1985).
In a judgment delivered by Hon. Justice C.C. Adiele in Suit No. HUK/19/2017, the court resolved all the major issues in favour of the claimants, granted a perpetual injunction against the defendants, including Akwa Ibom State Government and Ika Local Government Area of Akwa Ibom State and restrained them from further acts of trespass in Akirika-Obu-Ndoki.
The matter, which was originally instituted on March 29, 2017, was later amended on March 29, 2023. Following pre-trial proceedings, all parties presented one witness each before final written addresses were adopted.
According to the court, the dispute centered on the interpretation and implementation of the 1985 Boundary Adjustment Decree, which adjusted boundaries following the creation of Akwa Ibom State from Cross River State and Abia State from the old Imo State.
Justice Adiele held that the law clearly demarcated the affected boundaries and rejected arguments suggesting that the decree remained ineffective because survey beacons had not been physically erected.
\\\"Having gone through the claims and the relevant sections and schedules of Decree 23 of 1985, I am of the view that the boundaries were clearly demarcated so much so that if it is given to a surveyor, he can provide proper direction on the land and boundaries,\\\" the judge held.
The court further observed that although the law had come into force on November 20, 1985, Ika Local Government Council and Akwa-Ibom State Government had continued to act as though it did not exist.
Justice Adiele found that evidence presented during the trial established that Akirika Obu-Ndoki and Ikot Udo refer to the same community, contrary to claims by some of the defendants.
While one of the defence witnesses, Surveyor Charles Eden, maintained that Akirika Obu did not exist in Akwa Ibom State and differed from Ikot Udo, another defence witness, Sunday Oyomette, admitted under cross-examination that the community where he lived was the same community the claimants described as Akirika Obu-Ndoki.
The judge described the evidence as significant, stating that it confirmed the identity of the two names. \\\"The evidence of DW1 and DW2 as well as the text of Decree 23 of 1985 shows that Akirika Obu and Ikot Udo are clearly the same and they are situate in Imo State. By virtue of the Adjustment of Boundaries Act, Akirika Obu and Ikot Udo have been adjusted as part of Imo State and it is accordingly to be governed by Government of Imo State now Abia State,\\\" Justice Adiele ruled.
The court emphasized that the 1985 Decree, now codified as an Act, remains a valid and subsisting law that must be obeyed until set aside by a competent authority.
According to the judgment, the claimants successfully established that they are indigenes of Akirika Obu-Ndoki and have remained in possession of the land, while the defendants failed to file any counterclaim asserting ownership over the disputed territory.
Justice Adiele also noted allegations that the defendants had sponsored attacks, erected structures without the approval of Abia State Government, occupied a community primary school and engaged in repeated acts of trespass despite the provisions of the law.
The court held that the refusal of Akwa Ibom State Government and Ika Local Government Area to comply with the Boundary Adjustment Act gave rise to the cause of action and amounted to a violation of the claimants\\\' rights.
Resolving the four issues formulated for determination, the judge stated:\\\"I resolve Issues 1 and 2 in favour of the claimants (Akirika-Obu-Ndoki).\\\"
On the issue of trespass and injunctive relief, the court added: “Accordingly, I resolve Issues 3 and 4 in favour of the claimants (Akirika-Obu-Ndoki).”
The court consequently awarded ₦5 million as damages for trespass in favour of Akirika-Obu-Ndoki and granted a perpetual injunction restraining the defendants, including Akwa Ibom State Government and Ika Local Government Area of Akwa Ibom State, from entering the adjusted area known as Akirika Obu-Ndoki.
Justice Adiele also awarded ₦400,000 as out-of-pocket expenses to Akirika-Obu-Ndoki.
