A Federal High Court sitting in Abuja on Thursday put a temporary halt to the handing over of Bakassi
Nigeria and Cameroun had agreed to a final handing over of the oil rich peninsula to the latter on August 14, 2008.
But at the resumed hearing in a case filed by some
indigenes of the disputed peninsula, Justice Mohammed
Umar asked the Federal Government to maintain the status
quo until the determination of the case.
Justice Umar said, “The justice of this case is that parties to
this suit should maintain the status quo, so that the res
(substance) will not be destroyed.
“The res is Southern Bakassi, which is to be ceded by the
defendants on August 14. It is hereby ordered that parties
should maintain the status quo and should not take any
step pending the hearing of all applications.‘‘
He adjourned further hearing in the case till October 20,
2008 when the court is expected to resume from vacation.
Following the judgment of the International Court of Justice
in The Hague, The Netherlands, Nigeria and Cameroun
signed an agreement on June 12, 2006 under the supervision of the United Nations.
Under the agreement which is known as the “Green Tree Agreement,” the Federal Government agreed to cede the peninsula to Cameroun on August 14.
But the Cross River State Government, represented by its Deputy Director of Civil Litigation, Mr. Bassey Bassey, said the order “is not capable of being obeyed‘‘.
He said, “This order is not capable of being obeyed because this court cannot sit as an appellate court on the judgment of the ICJ.
“All the issues in this case as well as the final cession of Bakassi are fallout from the judgment of the ICJ.”
Counsel to the plaintiffs, Mr. Kayode Fasetire, however, said that the suit was not to challenge the judgment of the ICJ but the modalities for its implementation.
He said, “We know that we are bound by the judgment of the ICJ. The Presidency did not submit the GTA to the National Assembly for ratification. The legislature also failed in its oversight functions to call the Presidency to order.
“We are challenging the agreement and we are surprised that the President (Alhaji Umaru Yar’Adua) has said he would go ahead to hand over in the face of it.
“Nigeria has not done what it is supposed to do before implementing the agreement.”
The plaintiffs include two former chairmen of Bakassi Local Government Area, Chief Emmanuel Etene, and Mr. Ani Esin.
They are asking for N456bn as compensation before the cession. They also want the court to order the Federal Government to resettle the kinsmen in a place of their choice before the cession.
Speaking with journalists recently, the Attorney-General of the Federation and Minister of Justice, Mr. Michael Aondoakaa (SAN), said Nigeria would abide by the verdict of the ICJ because Nigeria participated fully in the legal battle and was a signatory to many of United Nation’s charters and treaties.
