LEGAL PRINCIPLE: CONSTITUTIONAL LAW – State Creation – Assets Not Covered by Vesting Provision – Devolution of Property
PRINCIPLE STATEMENT
Properties not mentioned in section 7(1) belonging to the former Ondo State are not vested in the new Ondo State or Ekiti State. Their devolution was not provided for in the decree and they became vested in the two new States created out of the old Ondo State until shared between them.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in A.G., Ondo State v. A.G., Ekiti State (2001) NLC-1362000(SC) at p. 59; Paras D–E.
"Properties not mentioned in section 7(1) belonging to the former Ondo State are not vested in the new Ondo State or Ekiti State. Their devolution was not provided for in the decree and they became vested in the two new States created out of the old Ondo State until shared between them."
EXPLANATION / SCOPE
Assets not specifically listed in the vesting provision of a state creation decree do not automatically vest in any single successor state. Their devolution is not provided for, so they become jointly vested in all successor states until shared. Neither successor can claim exclusive ownership. The principle fills the legislative gap. Joint ownership continues pending agreement or further legislation. The court cannot allocate unvested assets absent statutory authority. This prevents one successor from appropriating assets that belonged to the dissolved state. The successor states must negotiate distribution or seek judicial determination based on equity. The principle applies to all unmentioned assets of the former state.