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Bakassi: The Senate is right
The Chairman
of the Nigeria Cameroon Mixed Commission, Prince Bola Ajibola condemned
the Senate for invalidating Nigerias handover of the Bakassi peninsula
to Cameroon lately. With due respect to this legal luminary, I wish to
argue that the Senate is right in its invalidation posture.
When the Bakassi issue was raised initially and the ICJ gave
Bakassi peninsula to Cameroon on October 10, 2002, our research
concluded that Nigeria should reject the ICJ judgment because the facts
of the entire geographical environment and all other relevant factors
considered germane to the pursuit of justice and all other secondary
information and evidence available, are all in Nigerias favor.
Therefore, the ICJ judgment should be rejected absolutely because it
was a political judgment. Nations can reject ICJ judgment, if and
when, their national interests and sovereign rights (sovereignty) are
considered threatened or called to question by external interests. Many
nations do so and have always done so. Any ICJ opinion or judgment
cannot be enforced because this judicial branch of the United Nations
Organization has no police power or any other authority to do so.
Unfortunately, majority of those who lead and rule our country are
ignorant, uninformed and unseasoned. They are idle enough not to seek
knowledge and facts despite their lack of experience in crucial areas
of national development and interests. Our leaders are too personal and
too pretentious in their approach to public issues and are more
interested in show of power which could either be political or economic
for social demagoguery. These are some of the major problems that
always beset quality, dedicated and selfless leadership in our country
Nigeria.
The strong historical, cultural, political,
social and legal aspects of the entire Bakassi peninsula favor Nigeria
but our ex-president succumbed to the undue and negative influence of
Mr. Kofi Annan and his other spinning agents at the World body; that
is, the United Nations, who wanted to use Nigeria as their guinea-pig
of elementary diplomacy for peaceful settlement between two African
neighbors to boost Annans ego, and prestige in Africa. The
probability of war between Nigeria and Cameroon, over the dispute, was
heightened and used as blackmail to frighten us all, unless Nigeria
unconditionally accepted the ICJ judgment which reflected the French
political interests, opinion and psychological conjecture in favor of
Cameroon; a former colony of France. The Franco-phone north dominates
the Anglo-phone south.
Our ex-president Mr. Olusegun
Obasanjo, in his characteristic manner, monopolized the issue of
Bakassi, kept the Federal Ministry of Foreign Affairs out of the
decision making process and decided unilaterally to appoint the
respectable but retired Justice Bola Ajibola to lead the Nigerian
delegation to the series of the Mixed Commissions deliberations, where
Nigerias sovereignty was submitted without a flinch. Our ex-president
habitually did not care for order, process and procedure in the manner
he ran his office as president. He took many unconstitutional actions,
personally and unilaterally, and they all back-fired on his
unnecessarily dogged positions during his tenure as president. Most of
them were court decisions and opinions he deliberately refused to
comply with or comply with selectively. He did not involve the
National Assembly in all his Bakassi peninsula engagements and
discussions. When I sent my papers, as a patriot, to the Senate
President Ken Nnamani and Speaker Masari regarding why we should not
release Bakassi peninsula to Cameroon, an area as big or bigger than
many local government areas in other parts of Nigeria, where an
undetermined and huge petroleum resources exist in Cross River State,
much care about our reaction to the ICJ verdict needed to be carefully
considered, not by one individual but by many of those entrusted with
political power. A policy that will result in making all Bakassi
Nigerians a displaced people should not be tolerated. Secondly, giving
Bakassi away to our immediate neighbor will create a security problem
for Nigeria in our joint or overlapping continental shelf. This
security problem will affect the regular operation of the Nigerian Navy
in that part of the West African coast. The two principal officers of
the National Assembly, that is, the Senate President and the Speaker
should have been involved in the discussion or adequate briefing should
have been extended to them both from the beginning of such an important
national issue. The necessary public hearing which would have involved
the people of Bakassi Local government, their Senators and other
relevant legislators, the Nigerian navy personnel and other security
people should have taken place in order to help the entire Nigerian
government take a responsible decision on the thorny issue of Bakassi
peninsula. Our president acted as the nations chief diplomat without a
thorough understanding of what he was doing in terms of our
constitution, which is superior to the ICJ judgment in this particular
circumstance. It is important to always remember that in a
constitutional democracy, young or old, civil consultations are
imperative for responsible collective decisions to be made. It is
unlike a military decision coming from a military General in a war
zone. Mr Obasanjo never behaved as if he was aware of the role which
the other two equal partners of our presidential system of government
have to play in ruling Nigeria. I have no doubt in my mind that the
retired secretary to his government Chief Eka-Ette was completely
ignorant of the Checks and Balances principle , which is essential to
the constitutional and healthy relationship desired among the three
arms of any presidential system of government. Some of his official
correspondence betray this principle. Scientific observation gives one
the impression that Mr. Obasanjo did not care to know the
constitutional limitations of his office or rather he was so ignorantly
blinded by lack of knowledge. Nigerias government would be incomplete
functionally without the National Assembly and its Judiciary. The
presidential system is structurally different from the parliamentary
system of government. The strong and practical notion of Separation
of Powers among the three branches, which is essential to curbing
arbitrariness or dictatorial tendencies among the three branches
especially the Executive branch is highly emphasized. This was the
peculiar problem with the Executive branch when Obasanjo was president,
hence the consequent docility and inactivity of the Senate when Ken
Nnamani was presiding. It is absolutely wrong for the Obasanjo
executive branch to assume all constitutional responsibilities of
government and expect the National Assembly (the Senate in this
instance)which had been politically rendered a non-performing and
non-obligatory participant in public decision-making process, to do
much, except by virtue of PDP authoritarian control from within. One
was amazed, at the height of Obasanjo/Atiku personal imbroglio, when a
governor from the South-West described Obasanjo as next to God in terms
of his constitutional obligations to our country. What a grotesque
perversion of the Executive obligation in relation to its equal
partners in a presidential system of government.? The present
presidency of YarAdua has obviously recognized this major flaw in
Obasanjos approach to governance and the behavioral error of
functional/consitutional obligation is now being avoided.
Regarding retired Justice Bola Ajibolas view that
International law takes precedence over the Nigerian constitution is
blasphemous. I am surprised and angry. I dare challenge him to give
examples in history. It sounds like a desperate statement purposely
made to mislead all of us as a people. I do not mean to say that
Justice Bola Ajibola intends to mislead this nation but he should
realize that a good number of Nigerians are adequately knowledgeable in
law, International relations, International law and in other relevant
social science studies, that his faulty view about the superiority of
International law to national laws or constitutions cannot go
unchallenged. Often times, some comparison may not be necessary but it
may be imperative that we seek to know the huge differences between
International law and domestic law or the basic law (constitutions) of
nations and draw our conclusions.
(a) A constitution is
written by a constituted assembly of men and women assembled for the
particular purpose of putting together their ideas on how their country
should be ruled or governed. The details required in performing this
function are so varied that the constitution of a given nation is
described as the basic law of that society. It contains multiple parts
by prescriptions and definitions.
(b) Any law or laws made by
the established legislative body or bodies as prescribed by a nations
constitution is bound to be obeyed by all the citizens of the concerned
nation or state. It is obligatory and can be enforced by the state
police; an agency lawfully created for that purpose and to maintain
order in the larger national society.
(c) At the
international level, no such constitution drafting body exists. It
cannot be done because nations have and enjoy sovereign rights which
guarantee their political independence to act and take decisions in
their own national interests. The United Nations is the nearest body
that can be regarded as such an assembly, but it is an assembly of
nations and not a legislature of a particular nation or a constituent
assembly. But to avoid nations claiming too much freedom by virtue of
their sovereign rights which could always result in conflicts among
themselves, hence the establishment of collective security bodies such
as the United Nations itself, and other international organizations.
Membership to these bodies are not coerced, it is voluntary, and
nations are free to leave or withdraw their membership when and if they
have reasons to do so, and return when they consider it appropriate. It
is that loose in structure. When an agreement is reached at an
international organization level, no nation is compelled to append its
signature to such an agreement or treaty. Nations habitually sign trade
or defence treaties because of the benefits and advantages that could
be derived from them. One may never sign it if a nation does not
appreciate any advantages implied. At worst, non-ratification of a
treaty at the international organization level is not punitive but
habitual and mutual. These kinds of treaties fall within the scope of
international laws.
The International Court of Justice which we
often refer to as the World Court has no authority to enforce its
decision on any nation. It was so created to give the international
community some composite sense that pursuit of justice is a principal
goal for peace in the world among nations. The United Nations was
deliberately structured after the three arms of government that
supposedly exist in democracies. The Security Council bears the
semblance of an Executive arm, The General Assembly is the superficial
legislature of the world and the International Court of Justice, the
Judicial branch. Only the Security Council is capable of using force
sometime, when necessary and expedient, by passing a collective
resolution to use force. The veto wielding power members need to agree,
otherwise, any veto member can negate the decision at hand and killed.
n summary, legislation, adjudication and enforcement of International
laws are much weaker and difficult to execute than domestic laws. The
United Nations peace-keeping force is the closest demonstration or some
semblance of force that the can be executed at the international level.
The Security Council most all agree on it before execution. The
reference made to the Vienna Convention by our retired Justice Bola
Ajibola, whose ability, integrity and the totality of his mien deserve
much respect, constitutes an inappropriate citation. In fact the
flexible nature of the Vienna Convention articles weakens his position
and argument.
The role of the ICJ in the Bakassi peninsula
dispute is imperialistic in nature against the national interest of
Nigeria. From our domestic stand-point, a long succession of Nigerian
leaders performance in office cumulatively messed up our opportunities
to retain our resourceful landed property which eventually became a
disputed territory between us and our eastern neighbor, the Cameroon.
From the Gowon era, Cameroon alleged that Gowon promised to give it
away, if Cameroon would deny the Biafran soldiers the use of Cameroon
as a sanctuary during the civil war, a request to which Cameroon
allegedly complied. Thereafter, all subsequent military occupations of
Bakassi by Nigeria, did not resolve the dispute until Cameroon decided
to go to the ICJ with the support of imperial France to challenge our
ownership. Military occupations do not and cannot resolve such disputes
as much as purposeful and effective diplomacy.
The
1917 colonial document signed between Britain and Germany which became
the ICJ major instrument for its pro-Cameroon decision is one of the
greatest colonial boundary demarcation insults ever imposed in modern
times on independent African States. The best option for justice
available to the ICJ judges, who are totally ignorant of the history of
colonialism in Africa, was to call for a referendum at Bakassi, in
order to allow the residents of Abana, Atabong and the other villages
of the peninsula to choose where they want to belong between Nigeria
and Cameroon. This can still be done in view of the difficulties
encountered by the residents of Bakassi since the beginning of their
harrowing experience to execute the Mixed Commission decisions. Is it
not absurd to move a huge number of people of a whole local government
area from their natural habitat to a completely new location to
resettle them? The only area in the world today where such mass
movement of people is being contemplated and attempted is in the
Middle-East where Israel tries to return some Arabs land it had
occupied during the series of Arab/Israeli wars in the last few
decades. Whenever Israel agrees to return the occupied lands, it moves
its new settlers out. It will be wonderful if retired Justice Bola
Ajibola can remind us where what he negotiated for Nigeria at the Mixed
Commission is currently happening or has happened.
If Nigeria
had rejected the ICJ opinion initially and had doggedly held on to that
decision, effective and meaningful diplomacy would have resolved much
of the boundary dispute within the confines of African Union
initiatives. The French imperial interest could have been treated as an
external intrusion in African affairs.
The Green
Tree Agreement was a product of injustice, incompetence, absolute power
dispensation to stage-manage some semblance of grand diplomacy of peace
and international achievement between Kofi Annan, Olusegun Obasanjo and
Paul Biya. The fact that the United States, Britain, Germany and France
stood as witnesses when the Green Tree Agreement was signed does not
make the Treaty another Ten Commands of God. The Bakassi peninsula
Nigerians have been suffering and continue to suffer untold hardships
because the Obasanjo government lacked the sophistication,
understanding and capability to resolve the Bakassi question without
making its residents scapegoats. I hope the Senate will not stop at
the technical breach that involves Section 12 (1) of the 1999
constitution. It should re-open the entire issue on Bakassi from the
beginning to where Obasanjo left it unresolved especially now that the
new Secretary-General of the United Nations has expressed interest in
the dispute. All ramifications of Green Tree Agreement should be
reconsidered and comprehensively reviewed. Nothing is too late so long
Nigeria and Cameroon can agree at the diplomatic level to ultimate
peaceful settlement. Let no one, no matter how highly placed, within
the elite social, political and economic circle in Nigeria try to
stampede our dear country into an agreement which makes us all look
stupid and hopeless. It is the most unpatriotic role any Nigerian of
repute and meaningful relevance could undertake.
One
of our earlier write-ups had predicted that some future government
would reconsider the Bakassi peninsula problem because Obasanjos Green
Tree Agreement was anomalous in international conflict resolution. The
ICJ does not have the legal status and value we seem to place on it in
Nigeria.
Bankole A. Okuwa Ph. D.

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Posted by Robot| 03.12.2007 23:58