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1
A Declaration that by virtue of the State (Creation and Transitional Provisions) Act 1996, the Reports of the Plateau State and Nasarawa States' Joint Committee Appraisal of Assets and Liabilities, and the Agreement reached between the parties to this suit on 6th April, 1998, Nasarawa State is the beneficial owner of the properties listed below situate in Plateau State:-
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a
No. 31 Ibrahim Taiwo Road, Jos
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b
Tourism Corporation Headquarters, Jos
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c
Bus Terminus Tafewa Balewa Road, Jos
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d
No. 3 Old Bukuru Road
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e
No. 3 Hospital place
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f
No. 45 NNDC Quarters
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g
No. 43 NNDC Quarters
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h
No. 4 Liberty Boulevard, Jos
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i
No. 27 Ibrahim Taiwo Road, Jos
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j
No. 3 Rest House Road, Jos
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k
No. 2 Commissioners Quarters, Miango Road, Jos
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l
No. 6 Commissioners Quarters Miango Road, Jos; and
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m
No. 3, Aliyu Makama Road, Jos.
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2
An Order of this Honourable court directing the defendant to hand over all title documents relating to the said properties or, to otherwise transfer the said properties to the plaintiff forthwith.
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3
An Order of perpetual injunction restraining the defendant, its servants, agents, officers and or privies from interfering with the plaintiffs right to peaceful occupation and enjoyment of the properties afore-listed.
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4
Costs of this action."
In support of his case, the plaintiff filed an affidavit of ten (10) paragraphs with annexures attached to same. It was deposed to by Isaac Adebojale Aderogba, a legal practitioner in the law firm of the plaintiff s counsel.
The facts of the matter as stated on behalf of the plaintiff are that Nasarawa State constituted part of old Plateau State until it was created as a State of the Federal Republic of Nigeria by virtue of Section 1 (1) of the States (Creation and Transitional Provisions) Act 36 of 1996 on 1st October, 1996. As provided in Section 7(1) and (2) of the Act, all immovable properties and chattels which, immediately before the commencement of the Act, were situated in the area comprised in the new Nasarawa State and held by a body corporate directly established by law/edict of the old Plateau State vest in the plaintiff.
After the creation of the plaintiff as a State, the Federal Government set up an Assets and Liabilities Sharing Committee for Plateau and Nasarawa States. The Committee came up with a formula to be adopted in the sharing of the assets of the old Plateau State and put same at 53% and 47% to Plateau State and Nasarawa State respectively. This fact is contained in Exhibit NAS 1 - the Summary of Execution of Government White Paper on the Assets and Liabilities sharing between the two States.
A joint committee was set up by the two States and inaugurated on October 21st, 1996 to carry out an appraisal of the assets and liabilities. The joint committee worked in line with the formula given it by the Assets and Liabilities/Sharing Committee and submitted a report to the two States wherein it made recommendations on, how the assets and liabilities were to be shared.
On 19th March, 1998 officials of the two States held a meeting under the chairmanship of General Sani Abacha the then Head of State and Commander in Chief of the armed Forces (HoS and CinC). At that meeting, the Military Administrator of the defendant stated the resolve of the defendant to release the properties in contention to the plaintiff. The minutes of the meeting of 19th March, 1998 is contained in Exhibit NAS 3.
In consonance with the above, the two States entered into an agreement dated 9th April, 1998 whereby some landed properties, which include the ones being claimed herein, were handed over by Plateau State to Nasarawa State. The said agreement is Exhibit NAS 4.
The defendant gave vacant possession of some of the immovable properties listed in Exhibit NAS 4 but refused to yield vacant possession of –
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1
No. 31 Ibrahim Taiwo Road, Jos as Government Lodge.
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2
Tourism Corporation Headquarters Jos; andBus Terminus Tafewa Balewa Road, Jos.
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3
Bus Terminus Tafewa Balewa Road, Jos.
The plaintiff maintained that all efforts to recover or secure those properties proved abortive. Instead of giving possession of the properties, the defendant, in its letter of 5th November, 2004 (Exhibit NAS 9) contended that the agreement entered into by the two States - Exhibit NAS 4 was made in error. The defendant further took steps to recover possession of all the landed properties located within Plateau State listed in Exhibit NAS 4 from the plaintiff by issuing notice of intention to recover premises to the plaintiff's tenants. The defendant, in essence, repudiated Exhibit NAS 4 extant in his letter - Exhibit NAS 9.
By Exhibit NAS 10, the defendant notified the plaintiff of its intention to recover all landed properties within Plateau State placing reliance on the decision of this court in Attorney-General Plateau State v. Attorney-General Nasarawa State (2005) 9 NWLR (Pt. 930) 421.
