Facts:

The plaintiff is a statutory corporation established under the National Inland Waterways Authority Act 1997. It is responsible for overseeing all declared waterways in Nigeria and making regulations in respect thereof. The defendant is a corporate citizen engaged in oil production and related activities such as dredging and oil pipeline and spoil dump construction along waterways in Rivers State.

The plaintiff commenced this action against the defendant by Originating Summons on 12th May, 2003. The Originating Summons seeks the determination