CONSTITUTIONAL LAW ā Original Jurisdiction of Supreme Court ā Dispute Between States Not Premature by Pendency Before National Boundary Commission
Principle Statement
Before invoking the Supreme Court's original jurisdiction in a boundary dispute between states, it cannot be suggested that the National Boundary Commission should have determined the dispute or completed its exercise. It is immaterial whether the NBC had concluded its exercise, provided other credible evidence is available.
Ratio Decidendi (Source)
Per Edozie, JSC, in A.G., Cross River State v. A.G., Federation & Anor (2005) NLC-123-124-1999(SC) at pp. 12ā13; Paras EāA.
"As can be seen from the above two provisions, it cannot be seriously suggested that before the jurisdiction of the Supreme Court is invoked in a boundary dispute between states, the NBC should have determined the dispute or completed its exercise in delineating the disputed boundary. No doubt, the completion of such exercise would be of tremendous assistance to the court. ⦠It is, therefore, my view that it is immaterial whether or not the NBC had concluded its exercise in delimiting the boundaries of CRS and AKS before the plaintiff can invoke the original jurisdiction of this court, provided that other credible evidence of proving the boundary is available."
Explanation / Scope
Supreme Court’s original jurisdiction over state boundary disputes is not ousted by pendency before the NBC. The principle applies to constitutional law.