There arose a dispute between the Federal Government, on the one hand, and the eight littoral States of Akwa-Ibom, Bayelsa, Cross-River, Delta, Lagos, Ogun, Ondo and Rivers States on the other hand as to the Southern (or seaward) boundary of each of these states. The Federal Government contends that the southern (or seaward) boundary of each of these states is the low water mark of the land surface of such state or, the seaward limit of inland waters within the state, as the case so requires, The Federal Government, therefore, maintains that natural resources located within the continental shelf of Nigeria are not derivable from any state of the Federation. The eight littoral states do not agree with the Federal Government's contentions. Each claims that its territory extends beyond the low -water mark onto the territorial water and even onto the continental shell and the exclusive economic zone. They maintain that natural resources derived from both on-shore and off-shore are derivable from their respective territory and in respect thereof each is entitled to the "not less than 13 percent" allocation as provided in the proviso to subsection (2) of section 162 of the Constitution.

In order to resolve this dispute, the Plaintiff took out a writ of summons praying for-