Bakassi: Of ICJ Judgment And Obasanjo’s Haste

Mon, 01/10/2012 - 1:19am | UCHENNA AWOM News Politics

The Senate upped the ante last week with litrarily a marching order on President Goodluck Jonathan to appeal the judgment of the International Court of Justice (ICJ), which ceded Bakassi Peninsula to Cameroon. UCHENNA AWOM writes that the resolution left many questions unanswered. Also Labaran Maku begged for not controlling his tongue.

Manifest anger, emotion and subtle blame pervaded the senate chambers last week Wednesday over the Bakassi Peninsula.

They laid the contention and troubled Bakassi ruling issue for debate and at the end, their resolution was more of an indictment of the previous government and the burning zeal to reopen the wound by appealing the judgment.

Bakassi Peninsula was ceded to Republic of Cameroun courtesy of the World Court ruling about in June 2002. It was a ruling that Nigerian government then did not resist and curiously the government under former President Olusegun Obasanjo not only accepted the ruling wholly, but commenced implementation almost immediately.

It was a riddle too hard to crack, but the people who were left with no other option than to cooperate with powers packed out grudgingly from their ancestral home.

Today, the chicken has come to roost, the reality has properly sank and the people are now demanding to go back to their historically-recognized home. The implication is that the ruling is being called to question and ofcourse the preponderance of opinion is that Nigeria must either appeal the judgment or at best ignore it and halt further implementation of the ‘Green Tree Agreement’. It is a message that has trickled down and have literarilly energized some authorities.

Against the backdrop an emotion-laden Senate asked President Goodluck Jonathan to appeal the judgment of International Court of Justice which ceded Bakassi to the Republic of Cameroun.

The senators also declared that the ICJ judgment in the first place was null and void, because it was not ratified by the Senate.

Consequently, the lawmakers mandated the Senate President to write a personal letter on the matter to President Goodluck Jonathan,in which he should emphasize the exigency and urgency of the matter.

It could be recalled that the ICJ in a controversial ruling in 2002 ceded Bakassi peninsula, located in Cross River state of Nigeria to the Cameroon, with a 10-year window gap for appeal which expires on the 9th of October, 2012.

The resolution of the Senate was sequel to a motion sponsored by the deputy leader, Senator Abdul Ningi and 16 others.

Sen. Ningi (PDP, Bauchi) said there is “the lack of faithful implementation of the “Green Tree Agreement” signed by both the Cameroun and Nigeria; thereby violating the basis of the implementation of the court judgement. Articles 3(1) and 2 (a) of the green Tree Agreement”, which stipulate that, after the transfer of the territory to cameroun, the cameroonians should guarantee the Nigerian nationals living in the Bakassi peninsula the exercise of their fundamental human rights and other relevant provisions of the international law.”

Sen. Ningi, who said new facts have emerged after the ruling that were not available before the first trial coupled with the absence of a Nigeria legal representation also said the article of the Vienna convention provides that every judgment of the ICJ is seen as a treaty and must be domesticated by the National Assembly.

“This legislature has not domesticated the judgment so it is not binding on Nigeria. No treaty shall have the force of law until it is recognized by the constitution. Our Constitution has Bakassi peninsula as a part and parcel of Nigeria.

“We as parliament must speak with one voice and never make it history other wise it will continue to repeat itself.

He noted that “We must avoid People who have been given the authority to abuse it

He said he has never seen any history where a territory is ceded without a referendum.

“People kept quite because it was occupied by minority of the minority. If they were from a majority they would not have been treated the way they were. Because they don’t speak Igbo or Hausa we say let them go.”

Sen Ningi while emphasizing the need for urgency in appealing the cessation said “the dateline of the judgment of the International Court of Justice (ICJ) on the international boundaries between Nigeria and Cameroun including Bakassi that cedes Bakassi Island from the federal Republic of Nigeria to the Republic of Cameroun would expire by October 9th, 2012 and the territory would belong to Republic of Cameroun forever.”

“We are ready to appeal. Let the federal government appeal. We are ready to fund the legal processes. If the problem is money we will fund it.” Ningi said.

To underscore the urgency of the matter, President of the Senate, Senator David Mark, described the decision of not appealing the cessation of bakassi as a bad one.

Mark noted that Bakassi cannot be ceded to Cameroon, adding that he would write to President Jonathan to immediately begin the appeal process which expires in nine days time.

According to him, “The resolution that we need to make is that Bakassi should not be ceded to Cameroons. I think that is the final objective of our decision.

“If we do not go to an appeal at all while we have subjected ourselves to the international court, I think that will be a grievous mistake. There is room for us to appeal, going on an appeal is a line of action that we should not reject, if that is what is available through the court, we should utilize it. I think that is the most appropriate thing to now, the most we should do now is to quickly rush an appeal in spite what the President said at the UN.

“We have obeyed the international court to this point, but we still do not accept it. It is not that we accept it we have simply obeyed their decision. We have not accepted it, there is a lot of pressure at home here and I think it is the belief of every Nigerians that we should not cede Bakassi, not the way it has happened. I think that is really where the problem is.”

Mark assured that the Senate would go ahead with all legislative processes to ensure that the judgment is over turned in favour of Nigeria.

“There is a host of other things, letters written to National Assembly are actually here and we on our part have not done anything. We have neither rejected it or said anything. They just came and went like that.

Speaking also, an emotional laden leader of the Senate, Sen. Victor Ndoma Egba, said “ I was in this senate when the process of cedeing bakassi commenced in the 6th senate, he said despite three motions by then Senator representing Bakassi, Sen. Ewa Henshaw, asking the federal government to tarry a while and consult the partliament they went ahead with it.

“Bakassi was ceded inspite of the people who kept protest but nobody listened because they were minority of the minorities. At the time of ceding bakassi, Cross River State had not governor because his election was annuled at the time. I cried myself hoarse that it will come with security challenges. What was the hurry? The issue of Bakassi will go down in the guiness books of world record as the fastest treaty done. There are Treaties done since 1930’s still pending so what is the hurry? Why were the people of Bakassi and the Senate not important in this decision.

“We must take this process to constitution amendment to demand for a review of the treaty. We must be part of the treaty to avoid these issues.

I have been loyal to this country, I have been a patriotic Nigerian, and so have my people. I believe my people have paid very high price for the unity of this country at least put us back where we were.

On his part, Senator Enyinnaya Abaribe asked “in which part of this world that a country willingly give away its territory? You cannot say that because they are a small minority then they don’t matter. It is a father that is weak that does not go into a fight and accepts that the child is an aggressor”

He added that experts, on the history of that region were never consulted by the Nigerian legal team during the litigation of the case in the ICJ.

The fear is high and ofcourse there could be more to what is unfolding. The question is and still remain; what was Obasanjo’s role in all this? It is an interesting narrative.



Maku Apologises but...

The Senate drew a red line on the sand last week and threatened to sack any Federal Minister who talks carelessly; this was even as the President of the Senate, Senator Mark specifically warned the Minister of Information, Mr Labaran Maku, over his careless talk wherein he said resolutions by the National Assembly are not binding on the executive.

However, Maku who appeared before the Senator Enyinnaya Abaribe-led Senate Committee on Information, Media and Public Affairs, tendered an unreserved apology over the comments, which attracted wider condemnation across the country.

The Minister of Information was practically humbled by the Senate Information Committee, who pummelled him with questions as the importance of National Assembly resolution forcing Maku to admit that he became a Minister of the Federal Republic courtesy of senate resolution.

He profusely apologised saying he has no reason personally or individually to denigrate the authority of the highest law-making body in the land.

“I have no reason to denigrate the authority of the highest legislative body. The Senate being the highest legislative body has played a very constructive role in the stabilization of Nigeria’s democracy.”I have no reason personally or individually to disparage the Senate. If that comment has been misinterpreted to mean that the Federal Government does not respect resolution of Senate, I tender my apology.

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