Nigeria: Bakassi - Jonathan Says Country Committed to ICJ Ruling
BY ABDUL-RAHMAN ABUBAKAR AND EYO CHARLES, 25 SEPTEMBER 2012

Calabar — President Goodluck Jonathan said Nigeria will remain committed to all rulings of the International Court of Justice (ICJ) in resolving international disputes.

Addressing the first-ever High-Level Plenary Session of the United Nations on the Rule of Law yesterday in New York, President Jonathan said Nigeria will continue to obey ICJ rulings while calling on nations not to pick and select rulings to observe.

His commitment to the UN Assembly came in the wake of growing calls for the Federal Government to reopen the case on Bakassi following fresh fact that may have been unearthed.

Nigeria has barely 17 days to re-open its case under Article 61 of the ICJ statute of 1946 in respect of the Bakassi Peninsula which the international court ceded to Cameroon on October 10, 2002.

Presidential spokesman Reuben Abatiin a statement quoted Jonathan as saying "Nigeria recognises the important role of the International Court of Justice and other international tribunals in the peaceful resolution of international disputes.

"The work of the ICJ and other international criminal tribunals has contributed to the promotion of world peace and security as well as ending impunity around the globe by holding accountable, those responsible for grave violations of international and humanitarian law.

"Member States should therefore continue to provide support for these international adjudicatory mechanisms to enable them discharge their respective mandates."

The Minister of Information Labaran Maku had said at a programme organised by the Nigeria Union of Journalists in Abuja last week that Nigeria's position on the Bakassi Peninsula was still in conformity with the outcome of the International Court of Justice.

But many individuals and groups have called on the federal government to reopen the case believing that the country still is in possession of fresh fact to reclaim the oil rich territory, now under Cameroonian sovereignty.

The Nigerian Bar Association, at the end of its 52nd Annual General Conference which held in August in Abuja, issued a communiqué in which it recommended that the Federal Government should revisit the judgement by applying to that court to review the judgement under one of the provisions in the statute that set up that court.

The said provision states that an aggrieved party can re-apply to the court for the review of its judgement on the grounds that fresh facts have emerged which necessitated the review.

But such application for review needs to be done within 10 years of the delivery of the judgement. At the time the NBA gave its recommendation on August 31, Nigeria still had only six weeks before the expiration of the 10 years of the judgment.

"That the NBA is aware that there are grounds upon which the Government of Nigeria may legitimately apply for a revision of the ICJ judgment of 10th October 2002, and having adjudged those grounds (or fresh facts that were not considered by the ICJ earlier on) as being worthy of reconsideration: Consequently, the NBA calls on the Government of Nigeria to, without further delay, apply under Article 61 of the ICJ statute of 1946, to the ICJ for a revision of what is an unjust judgement over Bakassi," the NBA communiqué read.

President of the NBA Wale Oke could not be reached for comments yesterday regarding the latest commitment by President Jonathan.

Chairman of Cross River State traditional rulers' council and paramount ruler of Bakassi of LGA, HRH Etim Okon Edet also expressed sadness that the federal government has refused to appeal ICJ ruling on Bakassi as the opportunity runs out in about two week.

Speaking to Daily Trust in reaction to the statement of the Minister of Information Labaran Maku, the traditional ruler said that if the federal government is not willing and interested in appealing the judgement, it is important for them to free the people of Bakassi and grant them the right to control the natural resources available there in order for them to actualize their self-determination.

"We know how to confront Cameoun. We can stand on our own. My people want to take their destiny in their own hands", he told our reporter on phone.

Jonathan in his statement said countries must honour international obligations, "including the obligation to refrain from the threat or use of force, the obligation to settle disputes through peaceful means, the obligation to protect human rights and fundamental freedoms and abide by international humanitarian law."

He said the rule of law at international level must be based on the core principles of the United Nations which were further reaffirmed in the 2005 World Summit Document.

Jonathan told the gathering his Administration will, continue to encourage the Nigerian judiciary to play a pivotal role in the advancement and elaboration of the rights of Nigerians through effective oversight over the actions of the executive and legislature.

The session which was opened by United Nations Secretary General, Mr. Ban Ki Moon, was also addressed by the President of the Security Council, the President of the International Court of Justice, the Head of the United Nations Commission for Human Rights the Administrator of the United Nations Development Programme and other participating Heads of State and Government.

http://allafrica.com/stories/201209250314.html

Retardeno! Need i say more?

Jonathan has my commendation on anything he says as long as he obeys the Principles of Democracy and respect the constitution and other arms of government. ICJ is definitely the route to resolving the Bakassi issue with Cameroon.

Bliss4Lyfe: Jonathan has my commendation on anything he says as long as he obeys the Principles of Democracy and respect the constitution and other arms of government. ICJ is definitely the route to resolving the Bakassi issue with Cameroon.

Bliss4lyfe, i hope you do not mind me asking but are you from bakassi because you seem so invested in the situation of this said state

One_Naira:

Bliss4lyfe, i hope you do not mind me asking but are you from bakassi because you seem so invested in the situation of this said state

Where the Cameroonians created with Bakassi but yet they killed Nigerian Soliders and Civilians for Bakassi? Why should Cameroon benefit from the deaths of Biafrans through shady dealings with Gowon to commit murder via starvation on a mass scale? The whole Bakassi story is sad. That territory should be returned to Cross River and the Obong of Calabar or else trouble.

Bliss4Lyfe:

Where the Cameroonians created with Bakassi but yet they killed Nigerian Soliders and Civilians for Bakassi? Why should Cameroon benefit from the deaths of Biafrans through shady dealings with Gowon to commit murder via starvation on a mass scale? The whole Bakassi story is sad. That territory should be returned to Cross River and the Obong of Calabar or else trouble.

I understand the situation is sad but you highlighted the exact reason the state isn't Nigerians property anymore. Gowon gave it away in his desperate need to win a war so legally it is cameroon's property. They neither stole nor trick nigeria into handing bakassi to them. For Nigeria to go back in its words, there is going to a problem between the two nations either way; it might even result to a war since oil is involved. Granted this wasn't bakassi wish but sadly, that is the situation there government dealt for them.

so bye bye bakassi
LMAO

One_Naira:

I understand the situation is sad but you highlighted the exact reason the state isn't Nigerians property anymore. Gowon gave it away in his desperate need to win a war so legally it is cameroon's property. They neither stole nor trick nigeria into handing bakassi to them. For Nigeria to go back in its words, there is going to a problem between the two nations either way; it might even result to a war since oil is involved. Granted this wasn't bakassi wish but sadly, that is the situation there government dealt for them.

At the time of this decision, they were not Nigerians but Biafrans. Hence, Gowon had no legitimate authority to sign away a territory that was no longer under Nigeria Authority?

Bliss4Lyfe:

At the time of this decision, they were not Nigerians but Biafrans. Hence, Gowon had no legitimate authority to sign away a territory that was no longer under Nigeria Authority?

Understandable where you are coming from but since they plan on taking this situation to UN, we have to look at this situation in their own perspective. The biafra war sole purpose was forcing biafrans back to nigeria. Biafra, despite the fact some nations accepted as its own territory, the UN on the other hand did not hence the reason British was able to fuel criminality and get away scout free. What i am saying? though biafra was an area its ppl wish and forgot for, granted in their eyes, they weren't part of nigeria but in the eyes of united nation, it was still part of nigeria that time. Thus, gowon property to give away as least from their own perspective.

One_Naira:

Understandable where you are coming from but since they plan on taking this situation to UN, we have to look at this situation in their own perspective. The biafra war sole purpose was forcing biafrans back to nigeria. Biafra, despite the fact some nations accepted as its own territory, the UN on the other hand did not hence the reason British was able to fuel criminality and get away scout free. What i am saying? though biafra was an area its ppl wish and forgot for, granted in their eyes, they weren't part of nigeria but in the eyes of united nation, it was still part of nigeria that time. Thus, gowon property to give away as least from their own perspective.

Gowon had no such power without the consent of the military council that was never attained.

The UN never recognised Biafra as a State but they recognise human right and the people of Bakassi wish to be heard on this issue, afterall it is their land and lively hood that is at stake.

Human Right, Due Process and Rule of Law are all central to the operations of the ICJ and UN. The Obong and his people have a right to appeal and GEJ government must not deny them that right.

Bliss4Lyfe:

Gowon had no such power without the consent of the military council that was never attained.

The UN never recognised Biafra as a State but they recognise human right and the people of Bakassi wish to be heard on this issue, afterall it is their land and lively hood that is at stake.

Human Right, Due Process and Rule of Law are all central to the operations of the ICJ and UN. The Obong and his people have a right to appeal and GEJ government must not deny them that right.

Comeon blisslyfe, you are looking at this from an emotionally perspective as opppse to logical one.

Lets flow on the human right argument, if UN couldn't accept Biafra even when they fought with all their might for a separate entity from nigeria. Still fighting and voicing separation yet still ignored by UN. The south sudan voice for eons and fought separation from north sudan, it took UN what i would call a half a century to grant them that wish. What makes you think in this situation it would be different? What makes you think they care what people feel or wish. As far as they concern, how things played out is what their attention would be on.

One_Naira:

Comeon blisslyfe, you are looking at this from an emotionally perspective as opppse to logical one.

Lets flow on the human right argument, if UN couldn't accept Biafra even when they fought with all their might for a separate entity from nigeria. Still fighting and voicing separation yet still ignored by UN. The south sudan voice for eons and fought separation from north sudan, it took UN what i would call a half a century to grant them that wish. What makes you think in this situation it would be different? What makes you think they care what people feel or wish. As far as they concern, how things played out is what their attention would be on.

In ur example, u gave two different scenario dat played out differently. No need listing UN declarations on Human Rights becos we can all download dem. The point is Nigeria has a right to review the Bakassi issue. The Obong and his people want to be a part of this review process at least for closure sake. GEJ as their elected president owes them that much for the sake of his allegiance to dem and their allegiance as Nigerians.

GEJ administration inaction so far, have been perceived as disloyal and their will be consequence if he does not make a U turn on dis Bakassi issue. Ndiigbo and the south south are watching closely on how he handles dis one. The Ibibios and Efik are no door mat to anyone.

Interesting read...

Bakassi or no Bakassi, Africa is Africa

and

it is one of the many great things Obasanjo did.

Not playing the games of those that want to instigate another African unnecessary violence and war between people divided by the pencils of the colonial masters

Think out of the box people!

I hope all these ethnicities of old eastern region can now see how they've been used as pawns in the chess game that is Nigerian ethno/religious politics, and then dumped?.....as if Obasanjo would sign over Otta to another country just b'cos the ICJ said so; an ICJ whose rulings have been and continue to be ignored by world powers if it goes against their strategic national interests.

Does anyone really think Bakassi would be in the grubby hands of the Camerounians if there had been an independent Biafran (or whatever name you wanna call it) nation?; they would have had a fight on their hands, that's for sure; can you imagine someone with the fighting spirit of Ojukwu being told to hand over a potion of Biafran territory to another country b'cos of some purported colonial agreements (that didn't include the owners of the land)?.....he'd probably tell them all to fuc/koff!!!

Goodluck is a fool for this! He is a weakling... Even if we dont win this case, they should atleast make an effort!

NSNA: Bakassi or no Bakassi, Africa is Africa

and

it is one of the many great things Obasanjo did.

Not playing the games of those that want to instigate another African unnecessary violence and war between people divide by the pencils of the colonial masters

Think out of the box people!

Guy u are just saying that cos it doesnt affect u directly. He who wears the shoe knows where it pinches him. This is no great deed by OBJ, but a wicked deed by him! I'm sure if this issue arose in the west, he won't have given in so easily. There is really nothing to think out of the box here.The only thing is to Think of the great plan ojukwu had, and wish it came to pass. Atleast in cases like this, he would have given a good fight. Ojukwu was indeed a great man!

Guy u are just saying that cos it doesnt affect u directly. He who wears the shoe knows where it pinches him. This is no great deed by OBJ, but a wicked deed by him! I'm sure if this issue arose in the west, he won't have given in so easily.

did they tell you that the people of Bakassi are now suffering?!

Don't forget that this country you are so proud about was named by a Journalist woman of the colonial era.
No wonder the world cannot even take Nigeria serious.

Africa needs to wake up and re-brand itself 'United States of Africa'

Imagine England was named by a Nigerian Nurse!! Scotland and Ireland will be just buddies..

Africa is surpose to be the strongest Nation on earth,

It has all of the elements they are just far apart and the people keep driving them apart.

Things fall apart!
"Now he has won our brothers, and our clan can no longer act like one. He has put a knife on the things that held us together and we have fallen apart." Chinua Achebe

this statement made by jonathan has thrown spanner in the nigerian senate's plan to discuss this case thus foisting a fait accompli on the senate and technically finished the efik's claim to bakasi.Trust the camerounians,This statement will be documented,given wide publicity in both local and international media (especially the francophone media) and presented by the cameroonians as evidence in the event that this case is re-opened!!The least jonathan could do is to use nigerian senate's plan to discuss it as an excuse not to make pronouncement on it and tactically claiming that he would not want to disrespect the nigerian senate while assuring the international community of nigeria's commitment to the rule of Law.Frankly,Jonathan has no iota of respect for the nigerian legislature!!The senate must prove to jonathan that it can bark and bite.This statement is treasonable,Jonathan has sold out nigeria!! .The senate must not abandon their plan to revisit the case,their must be official documentation and acknowledgement of the fresh facts confirming that bakasi belongs to Nigeria and the senate must sanction jonathan to prove that this his disgraceful statement does not represent the collective views of nigerians and was done in contempt of the legislature and prejudice the fresh facts.The bakasi natives must begin to take their plan B to declare their soverignity serious so they can have more bargaining power,they should not put all their hopes in the senate or icj.It is their land,they must have the final say.I feel for them

onomeasike: this statement made by jonathan has thrown spanner in the nigerian senate's plan to discuss this case thus foisting a fait accompli on the senate and technically finished the efik's claim to bakasi.Trust the camerounians,This statement will be documented,given wide publicity in both local and international media (especially the francophone media) and presented by the cameroonians as evidence in the event that this case is re-opened!!The least jonathan could do is to use nigerian senate's plan to discuss it as an excuse not to make pronouncement on it and tactically claiming that he would not want to disrespect the nigerian senate while assuring the international community of nigeria's commitment to the rule of Law.Frankly,Jonathan has no iota of respect for the nigerian legislature!!The senate must prove to jonathan that it can bark and bite.This statement is treasonable,Jonathan has sold out nigeria!! .The senate must not abandon their plan to revisit the case,their must be official documentation and acknowledgement of the fresh facts confirming that bakasi belongs to Nigeria and the senate must sanction jonathan to prove that this his disgraceful statement does not represent the collective views of nigerians and was done in contempt of the legislature and prejudice the fresh facts.The bakasi natives must begin to take their plan B to declare their soverignity serious so they can have more bargaining power,they should not put all their hopes in the senate or icj.It is their land,they must have the final say.I feel for them

This is not true in anyway. What kind of evidence can they make out of what he said. Appealing to the ICJ is legal and bounded by the laws of the ICJ itself, so if we indeed have fresh facts, its perfect to appeal. It doesn't in anyway contradict what he has said. He only said countries should stand by the judgments of the ICJ, that does not imply that they should not legally appeal to a judgement.

toluxa1:

This is not true in anyway. What kind of evidence can they make out of what he said. Appealing to the ICJ is legal and bounded by the laws of the ICJ itself, so if we indeed have fresh facts, its perfect to appeal. It doesn't in anyway contradict what he has said. He only said countries should stand by the judgments of the ICJ, that does not imply that they should not legally appeal to a judgement.

you must be a complete fool for trying to rationalise a clear case of indiscretion on the part of Jonathan .Give that same platform to a barack Obama or Almajinahed of Iran or even the deranged Albashir of Sudan,none of these guys despite their personal faults will give a dry shallow remark made by Jonathan.An Obasanjo would have used that platform to seek the reform of ICJ itself!We as a nation feel wronged by an icj judgement,our senate is on the verge of doing a damage control inflicted by icj,what better opportunity to tactically play the icj or even review our membership or be completely uncommital!!At least show respect to the senate and the bakassi natives,that platform in this circumstances and time is not ideal to make a pronounced endorsement of icj!!!In international diplomacy,perception is very important!!What would you,as a foreigner percieve,if you read a press headline stating "nigerian leader endorses ICJ,I will abide by bakassi judgement(deliberately twisted to replace all ruling),he insists" the next day foriegners read that some natives are protesting against the ruling,nigerians are thus percieved as confused and illogical,mind you,the icj judges will read these views and may be swayed to favour a more focused cameroun just because someone can not use his number 6!!Jonathan must be sanctioned!!
all the effort done by patriotic researchers to dig out fresh facts in http://www.vanguardngr.com/2012/09/bakassi-belongs-to-nigeria-fresh-facts-reveal/ will be rubbished by negative perception foisted by a simple-minded president!arrrrgh

And who amongst us will like to wake up and be told out of the blues that they no longer belong to the village for instance that they come from and they won't do something about it? Sad thing was that these people were not even consulted before decisions were made on their behalf? So even if someone made a mistake, don't they have the right to take all steps to reverse A bad decision? Why are we talking about Bakassi as if it is just mass of space without inhabitants? Before you make a comment please ask yourself what you will do in this situation if you are a Bakassian.

Jonathan will not do this to otuoke,his village.Since that infamous verdict was delivered,the people of bakassi have been in untold hardship.Infact,while some people are yearning for dividend of democracy,democracy is the harbinger of badluck to the people of bakassi.At a time like this,the senate was perfectly in order in raising their hope,the senate was being patriotic in mobilising resources to bringing their case to public domain,a responsible president ,who should be the pillar of support to his citizen,can not afford to sabotage effort of the senate and the nigerian people by such diplomatic gaffe.I wont be surprise if this bakassi case becomes a very big problem in days to come.We have just 16 days left to make an appeal and jonathan is giving careless speech!!! aarrrrrgh!!Jonathan must be seriously sanctioned so that the international community knows and percieves that we are very serious about this bakassi case,an injustice to a Nigerian,is an injustice to all!!

If Bakassi is not part of this Country we need to confirm whether they didn't vote during the last election. Where their votes discounted because they were non Nigerians? Is there a LG in Bakassi. Yes? On the list of all LGs in Nigeria, has that of Bakassi been deleted? Are the LGs in Bakassi given allocation from Nigeria and who collects it? A non-Nigerian? Is this a case of using Bakassi for a political game?

Can somebody please educate me on what these fresh facts are and while they were not made available throughout the time the case was with the ICJ.........

Bliss4Lyfe:

Where the Cameroonians created with Bakassi but yet they killed Nigerian Soliders and Civilians for Bakassi? Why should Cameroon benefit from the deaths of Biafrans through shady dealings with Gowon to commit murder via starvation on a mass scale? The whole Bakassi story is sad. That territory should be returned to Cross River and the Obong of Calabar or else trouble.

1) Gowon's treaty with Ahidjo was never ratified and so does not have the force of law.

2) The treaty mainly addressed the maritime boundary, not the land boundary.

3) This was why the ICJ did not rely on that treaty for it's judgement. It relied on the 1913 Anglo-German treaty.

4) Do you believe it is right for Britain to hand Bakassi to the Germans without the consent of the people or the Obong of Calabar?

@ osedidi,pls read this link http://www.vanguardngr.com/2012/09/bakassi-belongs-to-nigeria-fresh-facts-reveal/

Unfortunate

It is pathetic that the president always make sensitive statement that concerns this nation outside its shore. Is he usually intoxicated by merely seeing a foreigner? This is an important issue that you and your cabinet have not made any serious attempt to calm them down. I don't know when appealing an issue amounts to disobedience to court ruling.

onomeasike:

you must be a complete fool for trying to rationalise a clear case of indiscretion on the part of Jonathan .Give that same platform to a barack Obama or Almajinahed of Iran or even the deranged Albashir of Sudan,none of these guys despite their personal faults will give a dry shallow remark made by Jonathan.An Obasanjo would have used that platform to seek the reform of ICJ itself!We as a nation feel wronged by an icj judgement,our senate is on the verge of doing a damage control inflicted by icj,what better opportunity to tactically play the icj or even review our membership or be completely uncommital!!At least show respect to the senate and the bakassi natives,that platform in this circumstances and time is not ideal to make a pronounced endorsement of icj!!!In international diplomacy,perception is very important!!What would you,as a foreigner percieve,if you read a press headline stating "nigerian leader endorses ICJ,I will abide by bakassi judgement(deliberately twisted to replace all ruling),he insists" the next day foriegners read that some natives are protesting against the ruling,nigerians are thus percieved as confused and illogical,mind you,the icj judges will read these views and may be swayed to favour a more focused cameroun just because someone can not use his number 6!!Jonathan must be sanctioned!!
all the effort done by patriotic researchers to dig out fresh facts in http://www.vanguardngr.com/2012/09/bakassi-belongs-to-nigeria-fresh-facts-reveal/ will be rubbished by negative perception foisted by a simple-minded president!arrrrgh

Wise One, do you really have to call somebody a "complete fool" just because their opinion happens to be simply different from yours? Smh