Agitations that the Federal Government should appeal the International Court of Justice's (ICJ) 2005 ruling on the Bakassi Peninsula are ongoing. Group Politics Editor, Taiwo Adisa, examines the Senate's resolution on the issue.THE controversy has been hovering in the air for long. There have been protest marches by residents of the Bakassi Peninsula about what they termed the Federal Government's insensitivity about their plight. Following Nigeria's loss of the suit between it and Cameroun at the International Court of Justice (ICJ) in 2005, the then government of President Olusegun Obasanjo agreed to the loss and set up the process of its implementation.A year later, the Green Tree Agreement was signed, almost effectively ceding Bakassi to Cameroun, while some other territories in Adamawa, Benue and Borno were also ceded to Nigeria by Cameroun.But for the people of Bakassi, the centre has refused to hold ever since that ruling by the ICJ. The indigenes rejected the ruling of the international court, as they insisted that its reliance on treaties signed between colonialists did not take note of the traditional setting that had existed among the people years before the colonial partition of Africa. They insisted that they remained Nigerians and would want to be so recognised. That led to the institution of some resettlement plans by the then Federal Government. That notwithstanding, the indigenes have continued to cry foul at every turn.Years after the decision by the Federal Government to do away with that territory, the dust has refused to settle in. Residents of the areas have been restless about the persistent cries of marginalisation among the indigenes. Apparently touched by cries of their people, lawmakers from the area started soliciting the support of their colleagues from across the country. The effect was the generally accepted motion that has been moved in the two chambers of the National Assembly.The contention among Bakassi indigenes and human right activists has been that the process for ceding the territory as undertaken by Obasanjo was faulty. Besides the fact that such territories are supposed to undergo a referendum which is to be supervised by the United Nations, the basic laws of the land should also guide the exercise. For instance, the Constitution of Nigeria provides the procedure for boundary adjustments for purposes of state creation or territorial adjustments. Once such is not met, it would be difficult to claim that the exercise has been completed. Last week, the Senate passed a resolution practically seeking a reversal of all Obasanjo did in seeking to respect the ruling of the ICJ. A motion by Deputy Senate Leader, Senator Abdul Ningi, received widespread acceptance on the floor and it was agreed that the Senate should write President Goodluck Jonathan to appeal the ruling ceding the troubled but oil-rich Bakassi to Cameroun.While moving the motion, Senator Ningi stated that fresh facts have emerged since the ICJ ruled on the Nigeria-Cameroun square-up over Bakassi. He also stated that Article 16 of the statute of the International Court of Justice enables Nigeria to appeal the ruling. He submitted: 'The dateline of the judgment of the 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 9, 2012, and the territory would belong to Republic of Cameroun forever.'According to the lawmaker, the ruling of the ICJ was erroneously based on an agreement allegedly signed between the British and Calabar chiefs in 1884. He however submitted that 'there has never been a precedent in history where any case of this nature was executed without a referendum.'Ningi also said that even with the above-mentioned faults in the wake of the supposed handing over of Bakassi by Obasanjo, the Green Tree Agreement, which was to sign off the area, was also not being faithfully implemented by Cameroun and Nigeria. He stated that there were violations of Article 3 of the GTA.The Senator further told his colleagues: 'Articles 3(1) and 2(a) of the Green Tree Agreement stipulate that, after the transfer of the territory to Cameroun, the Cameroun authorities 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.' He stated however that the people have reported constant violations of their rights since the ICJ ruling.Senate Leader, Senator Victor Ndoma-Egba (SAN), who seconded the motion, told the Senate that Bakassi was ceded to Cameroun against the wish of the people, adding that every available opportunity should be utilised to recover the area. Ndoma-Egba said: 'When Bakassi was being handed over, my friend and brother, Chief Bayo Ojo (former Attorney General of the Federation), assured Nigerians that Nigeria would not cede Bakassi.' Chairman, Senate Committee on Rules and Business, Senator Ita Enang, reminded the Senate that the National Assembly has not taken any legislative action on the Green Tree Agreement and as such the treaty remains in limbo. He stated that former President Obasanjo merely did his wish, which lacks legal backing. According to him, Nigeria has a window in accordance with Article 61 of the Statute of International Court of Justice, which he said gives a window for appeal on discovery of fresh facts. 'Our fulfilment of basic requirements of the judgment places us in good stead to appeal,' he said, adding that 'this is a pan-Nigerian matter and not an individual state.' Contributions however got militarised when Senator Heineken Lokpobiri took the floor, insisting on military action to recover Bakassi. 'If we appeal, the same factors that made us fail are still there. With the lackadaisical attitude of the executive, we may not do a conscientious prosecution of the matter. Since we are bigger in might, we should go and repossess the Bakassi peninsula,' he said. But the President of the Senate, Senator David Mark, who presided over the sitting, expressed confidence in the system, adding that he would not only communicate the resolution to the president but would follow it up with a letter. His declaration was sequel to the adoption of the resolution of the Senate which urged the Federal Government to explore the window of opportunities available by appealing the ruling of the ICJ. 'There is room for us to appeal. I think appeal is a line of action that should not be neglected because that is legal, since Nigeria subjected itself to the court. If that is what is available through the court, we should also utilise it. I think that is the most appropriate thing to do at this point in time, if there are other avenues we can explore them, but the most civilised thing now will be to quickly rush on appeal.' The senators also advised the Federal Government to invoke Article 61 of the International Court of Justice Statute to appeal the ICJ judgement in the interest of Nigerians in the affected areas, including Bakassi. Mark, who wrapped up comments on the motion, said: 'Senate will protect Nigerians irrespective of tribe or tongue. We have stuck so far with the people of Bakassi, we have obeyed the decision of the ICJ, but we have not accepted the decision. The Federal Government should, without further delay; rush to appeal the ICJ judgment.'Nigerians do not want us to cede Bakassi; while we are urging the Federal Government to go on appeal, we will look again at the papers forwarded to us earlier and pass relevant resolutions.'While no one can guess for now what the ruling of the ICJ would be if Nigeria eventually goes on appeal, the truth of the matter remains that Bakassi indigenes as well as Nigerians around them have rejected the ruling of 2005. The message to the president is to reclaim the territory, not just for economic reasons but also for cultural affinity. Only the events of the future can dictate how this eventually pans out.
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