A High Court has reaffirmed that Akirika Obu-Ndoki belongs to Ukwa East Local Government Area of Abia State, upholding the provisions of the Adjustment of Boundaries (Cross River and Imo States) Act, formerly known as Decree No. 23 of 1985.
In a landmark judgment delivered by Hon. Justice C.C. Adiele in Suit No. HUK/19/2017, the court ruled in favour of the claimants and issued a perpetual injunction restraining the Akwa Ibom State Government, Ika Local Government Area of Akwa Ibom State, and other defendants from further acts of trespass within Akirika Obu-Ndoki.
The case, initially filed on March 29, 2017, and later amended on March 29, 2023, proceeded through pre-trial stages before both parties presented one witness each. Final written addresses were subsequently adopted ahead of the court’s decision.
Court Upholds 1985 Boundary Adjustment Law
Justice Adiele held that the central issue before the court was the interpretation and implementation of the 1985 Boundary Adjustment law, enacted following the creation of Akwa Ibom State from Cross River State and the subsequent emergence of Abia State from the old Imo State.
According to the judge, the legislation clearly defines the affected boundaries and does not require the physical placement of survey beacons before becoming legally enforceable.
The court stated that the provisions of the law are sufficiently clear for a qualified surveyor to accurately identify and map the boundary lines.
Akirika Obu and Ikot Udo Declared the Same Community
A significant aspect of the judgment was the court’s finding that Akirika Obu-Ndoki and Ikot Udo refer to the same community.
While one of the defence witnesses argued that Akirika Obu did not exist within Akwa Ibom State and was different from Ikot Udo, another defence witness admitted during cross-examination that the community where he resided was the same community described by the claimants as Akirika Obu-Ndoki.
Justice Adiele held that the combined evidence presented during the trial, alongside the provisions of the 1985 Boundary Adjustment Act, established that Akirika Obu and Ikot Udo are one and the same community. Consequently, the court ruled that the territory forms part of the former Imo State and now falls within Abia State following the state’s creation.
Defendants Failed to Challenge Ownership
The court further observed that the claimants successfully proved they are indigenes of Akirika Obu-Ndoki and have remained in lawful possession of the disputed land.
Justice Adiele noted that the defendants did not file any counterclaim asserting ownership of the territory, a factor that strengthened the claimants’ case.
The judgment also referenced allegations that the defendants sponsored attacks within the community, constructed buildings without the approval of the Abia State Government, occupied a community primary school, and repeatedly trespassed on the land despite the existing legal framework.
Court Awards Damages and Issues Perpetual Injunction
After resolving all four issues submitted for determination in favour of the claimants, the court concluded that the continued refusal of the Akwa Ibom State Government and Ika Local Government Area to comply with the Boundary Adjustment Act amounted to a violation of the claimants’ legal rights.
The court awarded ₦5 million as damages for trespass and granted a perpetual injunction restraining the defendants from entering or interfering with the adjusted territory known as Akirika Obu-Ndoki.
Additionally, Justice Adiele awarded ₦400,000 to the claimants as reimbursement for out-of-pocket litigation expenses.
ALSO READ: Tinubu Reveals the Career Lesson He Learned in America That Changed His Vision for Nigeria
The judgment reinforces the legal validity of the 1985 Boundary Adjustment Act, stressing that it remains a binding law and must continue to be observed unless amended or set aside by a court of competent jurisdiction.
