By HUGO ODIOGOR
Displaced indigenes of Bakassi Peninsula will hold rallies in different
parts of the world today to highlight the injustice that has been
visited on them by the ceding of their homeland by the Federal
Government without their consent.
With less than 10 days for the Jonathan led administration to take a
second look at the October 1 2002 ,International Court of Justice
judgment that ceded the Peninsula to Cameroon where there is
apprehension as the Central African country tightens its grip.
Saturday Vanguard was reliably informed that the indigenous
Bakassi population would hold rallies in Lagos, Abuja, Calabar, London,
Germany, France, The Hague among others.
They said that the foundation for the ceding of Bakassi by the
Federal Government was laid by a clause in an advise given to the
government by the former Attorney General and Minister of Justice, Chief
Taslim Oluwole Elias, during the Yakubu Gowon’s regime, that Nigeria
should allow Cameroon take over the peninsula because of the country’s
assistance to it during the Nigeria- Biafran civil war, wondering why
some indigenous communities would be donated to another country based on
such flimsy excuses.

Bakassi protesters Photo by Johnbosco Agbakwuru
Elias, had in his advise entitled ‘’Nigeria/ Cameroun Boundary
Demarcation,” dated September 3, 1970 stated, ’The principle of good
faith in international relations demands that Nigeria should not disavow
her word of honour,” adding that ‘’every effort should be exerted on
our side to ensure that Nigeria does not show ingratitude to a sister
country that stood by us during the civil war.
Accordingly, I strongly urge that these recommendations of the
Nigerian – Cameroun’s Joint Boundary Commission dated August 14, 1970
should be implemented expeditiously…”
The Jonathan administration seem not prepared to comply with Article
61 of the ICJ Charter by approaching the court to review the judgment
obtained by concealment of vital facts from the world jurists by both
Nigeria and Cameroon.
This is even as Cameroon is alleged to be massing troops in the
borders just as the movement of indigenes of Bakassi into Nigeria is
heavily monitored.
According to sources, Bakassi people are also cut off from streams of
information while efforts have been intensified by Cameroon to force
thousands of the natives to change their names and language to French
and to leave the peninsula in violation of the Green Tree Agreement,
GTA.
Mr. Ani Esin, a former local government Chairman for Bakassi Local Government told
Saturday Vanguard that since the uproar in Nigeria, following the publications by the
Vanguard
Newspaper, the Cameroonian government has been emboldened by the
reluctance of the Federal government to demand for a revisit of the ICJ
rulings to send troops into the peninsula to expel the indigenous
population; force them out of their territory and occupy their property.
He said “The people of Bakassi who had hoped that the Jonathan
administration will revisit to issue have become dejected as it appears
that those who gave away Bakassi would not want to be exposed for the
injustice committed against us. This is why the Pirate confraternity has
been mobilising the public for a mass rally while we explore the option
of forming a government in exile to continue the struggle after October
10, 2012”.
It was learnt that in Yaounde, the Cameroonian authorities are in
panic following revelations that ICJ was misled into believing that the
moribund 1913 Anglo-German treaty and the unsigned 1975 Maroua
declarations were the only legal documents that set the Land and
Maritime boundaries between Nigeria and the Cameroun.
The Legal Opinion of Justice T.O. Elias
Meanwhile, the last may not have been heard of the administrative and
legal tardiness that were employed to mislead the ICJ to concede
Bakassi Peninsula to Cameroon.
Specifically, the legal opinion provided by Chief Elias and the
Diplomatic Note written by Mr. Aja Wachuku as the External Affairs
Minister have come up for scrutiny.
Some members of Nigerian defence team have continued to cite those
documents as evidences that Bakassi Peninsula was part of Cameroon based
on the 1913 Anglo German Treaty, which some claimed that Nigeria was
obliged to uphold on attainment of independence on October 1,1960.
Prince Bola Ajibola SAN, who wrote a minority judgement at the Hague told
Saturday Vanguard
the Nigeria’s case was weakened ‘’because of what happened in the 1913
in the Anglo-German Agreement,” pointing out that, ‘’it was since then
that we have this uphill task because it was Britain that ceded the
whole of that Bakassi area, well described in Article 21 and 22 of that
agreement, specifically to Germany.”
However, it has been discovered the agreement dated March 11, 1913
was not signed until Germany was defeated during the First World War,
hence it was deprived of the Bakassi Peninsula as Bakassi was ceded to
France, which thereafter, gave independence to Cameroun that now got
involved in the boundary dispute.
Both Senator Ewah Bassey- Henshaw and Prof. Walter Ofonagoro told
Saturday Vanguard that the documents cited by the Nigerian defence team
were ‘’mischievously used to mislead those who are not familiar with the
issues especially to achieve a predetermined goal.”
Senator Henshaw said that until recently, most Nigerian government
officials have regarded the 1913 Anglo-German Treaty as a living
document but it was fundamentally flawed by the fact that it was not
signed before the outbreak of the First World War after which Germany
was stripped of all its colonial territories, making the treaty useless.
It was of no effect because all German territories were transferred
to the League of Nations. Hensahaw further said, “those who have been
citing the Aja Wachuku Diplomatic note and Dr. T.O Elias legal opinion
have substantially relied on the belief that the Anglo- Nigeria Treaty
was a living document, but this is not true.”
Also, Nella Andem Rabana SAN who was part of Nigeria’s team to the
Hague said nations do not concede territories on exchange of diplomatic
note or on legal opinion that are outside the stipulations of the
parliament, which was one of the key institutions on Nigeria’s
attainment of independence in 1960. Bakassi Peninsula was recognised as
part of the Nigerian territory in the 1963 Constitution and in the Cairo
1964 OUA summit, it was resolved that all colonial boundaries inherited
at independence should be inviolated.
Furthermore, Prof. Ofonagoro said Nigeria and Cameroon decided to
bind themselves with a document that was dead and had no force of law.
He said “It is evident that Dr. Elias placed extra-ordinary weight on
the work of the Nigeria/Cameroon Joint Commission which met at Yaoundé
from August 12 to 14, 1970.
He said, ‘’The major decisions taken at that meeting,
after considerable discussion”, was that the
Joint Commission agreed to use the 1913 Anglo-German Treaty” as the basis for demarcating the boundary.
It is obvious that this decision was made without seeking guidance from
either the Attorney General, or the Honorable Minister of Transport
through the office of the Head of State, otherwise, Dr. Elias would not
be referring to decisions reached at the Yaoundé meeting of August
12-14, 1970.
The vital decision had been taken at that meeting of the Joint
Commission, at which the most senior Nigerian official present was the
Federal Director of Surveys. Once that decision had been taken, there
was no escaping the implications of
Article 20 of the Anglo-German Treaty of March 11, 1913, which stipulated that;
“
Should the lower course of the Akwa Yafe so change its
mouth as to transfer it to the Rio Del Rey, it is agreed that the area
now known as the Bakassi peninsula shall remain German territory. In the said Legal Opinion, Dr. Elias further drew attention to “
the exchange of notes between Nigeria and the United Kingdom on October 1, 1960 which
binds Nigeria to honour obligations entered into on our behalf by the United Kingdom.
The implication of this statement is that the External Affairs
Ministry considered the 1913 Agreement as one of the pre-independence
treaties entered into by Britain on Nigeria’s behalf. The diplomatic
Note which was cited as evidence that the Bakassi peninsula was based on
the above assumption. Dr. Elias did not, however, make any
pronouncement on the legal validity of that treaty.
He only referred to decisions already taken by the Yaoundé meeting of
the Nigerian-Cameroon border commission to adopt the 1913 Treaty as the
basis for their boundary demarcation negotiations.
The commitment had already been made in August 12-14, of 1971 and he
was of the opinion that Nigeria was bound by it.In fact, the Nigerian
legal team at the ICJ had this to say about the legal validity of the
Anglo-German Agreement of March 11, 1913:
In relation to the Treaty of Versailles, Nigeria points
out that Article 289 thereof provided for “the revival of pre-war
bi-lateral treaties concluded by Germany on notification to Germany by
the other party.” It contends that since Great Britain had taken no
steps under Article 289 to revive the Agreement of March 11, 1913, it
was accordingly abrogated.
‘’Former President Shehu Shagari was advised that the treaty was
voidable by a Task Force that he appointed in 1981, to study the
controversial 1913 Anglo-German Treaty. The committee concluded that the
1913 Agreement was voidable.
This was also the position reached by Professor Bassey Atte in a
study of this subject saying that the 1913 Anglo-German Agreement “
which purported to alter the status quo to Nigeria’s disadvantage, is subject to great controversy as to its legality.”
Prof. Ofonanagoro argued further that
the opinion of Elias on the matter was limited by the fact that he
was not at the Yaoundé Summit of the two Heads of State, on April 4,
1971, and that the famous Ngo/Coker, was first drawn to a 3-mile limit
from the Akwa Yafe River, westwards to the channel of the Cross and
Calabar Rivers, placing Bakassi on the Cameroonian side of this new
boundary.”
“If Dr. Elias knew about this boundary by September 3, 1970, eight
months before Yaoundé Summit, where the Ngo/Coker line was agreed , then
it means that at the highest level of the Nigerian Government, the
level of the Attorney General, and presumably, his boss, the Head of
State, the decision had already been taken at that time, to ignore the
provision of Article 21 of the Anglo-German Treaty of March 11, 1913,
and draw the boundary to the west of the Akwa Yafe River.
”In practice, the navigable channel of the Akwa Yafe was invariably
forced to flow to the Bakassi north shore, and East to the Rio del Rey,
and the British stated this fact in Article 20: which stated that,
“Should the lower course of the Akwa Yafe so change its mouth as to
transfer it to the Rio Del Rey, it is agreed that the area now known as
Bakassi peninsula shall still remain German territory. Even by Article
20 of this Treaty, Bakassi is not ceded to German Cameroon; the article
simply says that Bakassi shall still remain German territory.
This means that it was already “German territory” before the date of
the drafting of Article 20 of that treaty. That being the case, Cameroon
still has to produce the documentary basis of Bakassi becoming “German
territory” in the first place.
There must be some documentary basis of Bakassi becoming German
territory between April 14, 1893 and March 13, 1913, since the language
of the Treaty says that Bakassi shall still remain German territory,
even when by the flow of the boundary, following Akwa Yafe to Rio del
Rey, it finds itself on the British side of the boundary. This is most
strange to treaty law.
”In 1907, when the British and Germans had agreed that the Boundary
should progress inland from the Thalweg of the Akwa Yafe, the Germans
had requested for the frontier to be continued out to sea after reaching
the mouth of the Akwa Yafe, all the way to the middle of the channel of
the mouth of the old Calabar River.
However, according to minutes recorded by Mr. Strachey of the
Foreign Office, Britain refused this request and told the Germans the
“line should follow the shore of the Bakassi peninsula along the thalweg
of the Akwa Yafe when the actual mouth of the river was reached.
It is therefore clear that as far back as 1907, it was generally
known by both powers, that the navigable channel of the Akwa Yafe could
never put Bakassi on the Cameroonian side of the border, since that
channel must lie to the east of the Calabar and Cross River channels.
The heavier flow of these two bigger rivers would always force the
Akwa Yafe east to Bakassi shore and the Rio Del Rey. Most often, the
channel disappeared altogether, and was extremely difficult to find.