In 1967, the South Eastern State was created out of the Eastern Region of Nigeria and it comprised 14 Divisions. The boundaries of the 14 Divisions remained the same as depicted in the administrative map of South Eastern State (Exh. CRSSG 2) which was changed to Cross River State in 1976 and comprised the area as set out in the Schedule to the States (Creation and Transitional Provisions) Act. No.12 of 1976. As at October 1, 1979 and up till 22/9/87, Cross River State comprised the following 17 Local Government Areas: Calabar municipality, Abak, Ukanafun, Akamkpa, Odukpani, Eket, Etinan, Ikom, Ikot Abasi, Ikot-Ekpanem, Itu, Ikono, Obubra, Ogoja, Obudu, Oron and Uyo, with the boundaries of the constituent LGAs as reflected in the Administrative map of Cross River Exhibit CRSSG 3. On 23rd September, 1987, Akwa-Ibom State was created out of the then or old "Cross River State" and comprised 10 of the 17 of the aforesaid LGAs namely: Ikot-Ekpene, Abak, Eket, Ukanafun, Ikot-Abasi. Uyo, Etinam, Ikono, Oron and Itu. Before the creation of additional LGAs in the two states, the LGAs of the present Cross River State bounding Akwa-Ibom State were Calabar Municipality from which Calabar South LAG was created and Odukpani LGA out of which Odukpani, Akpabuyo and Bakassi LGAs were carved out.

It is the Plaintiff's case that on 11/3/2002, the National Boundary Commission (NBC) announced and published a boundary delimitation showing distances and bearings of the boundary line between the two states. This delimitation as reflected in Exhibit CRSSG 4 tallies with the non-estuarine boundaries of the two states as described in Exhibit CRSSG 3 and this shows that the disputed communities mentioned in paragraph 40(3)(a)(i) of the statement of claim lie within Odukpani LGA of Cross River State.

With respect to the estuarine boundary, it is the Plaintiff's case that the NBC's delimitation of 1173/2002 Exhibit CRSSG 4 is not correct because the NBC based the delimitation on the median principle, that is, by taking the median of the Cross River. It is the Plaintiff's case that the estuarine boundary between two states bounded by a river accessible to container and other ocean vessels (that is, a navigable river) is determined by taking the middle line of the deepest part of the navigable channel of such river (otherwise referred to as the navigable channel line or the thalweg). Adopting this principle and using the report of the Nigerian Navy which sets out the co-ordinates, width and average depths of the navigable part of the Cross-River, the boundary of the two States in the estuarine sector is as depicted in Exh. CRSDSG 3. It is further the contention of the Plaintiff that as a matter of settled practice, the extent of the width of the sea abutting Cross River State and Akwa-Ibom State is determined by taking a perpendicular line from the meeting point of the 'thalweg line' and '"base line" up to the point permitted by law to the open sea as reflected in Exhibit CRSDSG 3 as a result of which the oil block OPL 98 containing the oil fields known as Adanga, Mimbo, Anta, Bogi and Ebughu now lie within Cross River State.

the Plaintiffs sought inter alia: