Sunday 7 October 2012

24 hours to deadline, FG yet to file Bakassi review

 by John Ameh, John Alechenu, Olalekan Adetayo and Ihuoma Chidozie

Attorney-General of the Federation and Minister of Justice, Mohammed Bello Adoke (SAN)
Barely 24 hours to the expiration of  the  deadline for Nigeria to appeal for a review of the International Court of Justice judgment on  the Bakassi Peninsula, there is no indication that the Federal Government has done so.
The 2002 judgment  had ceded the oil-rich peninsula to the Republic of Cameroon. And Nigeria, in compliance with the judgment,  signed the Green Tree agreement  with Cameroon in 2006, thereby formally handing over the area.
But the Bakassi people alleged unfair and inhuman treatment in the hands of the Cameroonian authorities and  mounted  pressure on the Federal Government to file  a suit for a review of the judgment.
Under Article 61 of the ICJ Statute, a party to a suit can file for a review within 10 years if new facts not known at the time a judgment was delivered surface.
Nigeria  has till Tuesday(tomorrow} to  file a suit for the review .
President Goodluck Jonathan had set up a committee last week to advise him on how Nigeria would approach the case; but as at Sunday, it could not be established if a report had been laid before  him.
It was gathered that part of the committee’s assignments covered  suggesting a formidable legal team that would  draft and file the case.
The committee is under the watch of the Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke (SAN).
The Ministry of Foreign Affairs claimed that the matter had left its table and was now under the control of the presidential committee.
The spokesperson of the ministry, Mr. Ogbole Ahmedu-Ode, told one of our correspondents that until the committee’s  report was submitted, there was nothing much the ministry could do.
He said, “As you are aware, the President has set up a committee to look at the issue and advise him appropriately.
“I suggest we all wait for the outcome of the committee’s work and we will take it from there. The committee  still has a day or so to complete its work, let us wait.”
Efforts by one of our correspondents to get Adoke to comment on whether Nigeria would file the appeal failed on Sunday.
The minister did not answer calls to his mobile telephone. He also  did not reply an SMS sent to him.
Also, the Chief Press Secretary to the AGF, Mr. Ambrose Momoh, did not say whether the government would seek a review or not.
When contacted, Presidential spokesman, Dr. Reuben Abati, told one of our correspondents that Adoke would address a press conference on Monday (today) to give Federal Government’s stand on the ICJ verdict.
Abati said contrary to media reports, the Federal Government was not appealing the verdict.
He said the ICJ does not give room for appeal but only a review or the interpretation of the verdict.
He said, “What the Federal Government has been asking for over the years is the interpretation of the verdict which has not been forthcoming.
“But by tomorrow (today), the AGF will speak comprehensively on the issue and give Federal Government’s position in a press conference.”
The PUNCH had in its earlier report said government would seek a review and not appeal the judgment.
The House of Representatives, which last week passed a resolution asking the government to file for a review, was at a loss on the direction of Nigeria on Sunday.
The Chairman House Committee on Foreign Affairs, Ms Nnena Ukeje, whose committee investigated the issue and recommended a review of the case based “fresh facts”, advised.  “Nigerians should cross their fingers.”
Ukeje stated that since there was no categorical statement from government as at Sunday, the “best bet is to wait till Monday (today).”
She added, “The National Assembly passed a resolution backing a review of the judgment.
“I am aware that Mr. President set up a committee to advise him; the committee met a couple of times up to Friday.
“For now, we don’t know what the committee will come up with. This is a weekend, so we wait till Monday.
“Whatever we say now will be mere conjecture; all I can add is that as a legislature, we took a position. Our position is that Nigeria should enter for a review of the judgment on the strength of new facts on the ground.”
The Senate had also passed a similar resolution.
 Punch

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