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Bakassi: A Critical Response to Jonathan’s Speech

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President Goodluck Jonathan has said during the interactive session with the Nigerian community in Yaounde, Cameroon, Sunday night, 23rd June 2013, that Nigeria “deliberately” refused to appeal the verdict of the International Court of Justice which ceded the oil-rich Bakassi territory to Cameroun on the 10th of October, 2002. That the major reason is just to protect Nigerians residing in Cameroun and he also said that Nigeria had no new evidence within the period of 10 years given by the ICJ in Article 61 (1).

Let me say that the statement is fallacy, scandalous, cruel and a grave mistake; it is a known fact today that the Federal Government of Nigeria erroneously and unprofessionally ceded the oil-rich bakassi to Cameroun due to her own laxity.

It is irresponsible for any Government to admit she intentionally gave out her own territory for any self-centered reasons at the expense of her own National interest, territorial integrity, and the right of her own citizenry. One of the basic foreign policy focuses of any responsible nation is the protection of her sovereignty and territorial integrity. If our Government is claiming that her negligence to appeal the ICJ verdict is to protect Nigerians residing in Cameroun, what about the citizens in the bakassi itself? Do you cut off a man’s head just to curb a headache ailment? The action in return negates the interest of Bakassi people and it is a total denial to their right of self-determination.

The president’s premise that Nigeria had no new evidence within the 10-years grace as stated in Article 61 of the Statute of the ICJ is a bogus and gigantic fallacy, as several facts emerged during the 10-year period that were sufficient to file an appeal.

Some Facts that emerged are:

1. Prof. Walter Ofonagoro, a historian and former Nigerian Information Minister disclosed while speaking to Nigerian public on a topic:- “Nigeria, Cameroun and the Bakassi Question: The Unfulfilled UN Mandate” organized by the Nigerian Institute of International Affairs which was held on Thursday, August 23, 2012 in Lagos said: “fresh facts have emerged to show that the Cameroonian legal team deceived the ICJ into believing that before the Anglo-German treaty of 1913 upon which it rested its case, there were no other treaties that delineated the land and maritime boundary between Nigeria and Cameroon, which is a fraudulent claim”. Prof. Ofonagoro said that he has in his possession, 1822 documents which vested ownership of the Bakassi Peninsula to the Old Calabar Chiefs, by extension to Nigeria, and debunked claims that the 1913 Anglo-German treaty was the first recognised treaty on the land and maritime boundary between Nigeria and Cameroon. Said Prof. Ofonagoro: “This is not true because as far back as 1811, the British had already established a strong sphere of influence over the territories that eventually became Nigeria in 1914.

The Anglo- German treaty upon which Cameroon built its case was contestable because after the First World war ended in 1919, all the territories controlled by Germany were taken away from them and given to the League of Nations. Cameroon of 1919 was not the Cameroon of 1913, because after the end of the First World War, Germany was forced to give up all its territories in Africa, which came under the mandate of League of Nations. Germany renounced all its claims to territories and all the treaties it entered into which gave it control of territories, became a nullity. The League of Nations consisting of Britain, France and Italy, the territory of Cameroon was carved up by France which took the Northern part.

2. There were also clear cases of ethnic cleansing in Bakassi peninsula in the past 10 years in violation of the Green Tree Agreement of 2006, increasing violation of rights of Nigerian inhabitants of the Peninsula, the militarization of the place and the obstruction of lawful economic activities of the inhabitants. All these could serve as grounds of appeal which the FG neglected; Reports of intimidation and terrorizing of Nigerians in the Peninsula constitute what is called a material-breach of the Green-Tree Agreement. It is a sufficient ground for Nigeria to terminate the Green-Tree Agreement. That would be in conformity with Article 60, of the Vienna Convention on the Law of Treaty of 1969.

 

3. According to international practice, consent of people residing in the territory (by way of plebiscite), is a condition-precedent to any transfer or change in title over the territory that they occupy. Even when the fate of Northern and Southern Cameroun were to be determined, a plebiscite was conducted in 1961, under which Southern Cameroun opted to join Cameroun, while Northern Cameroun opted to join Nigeria. That could be a case, which confirmed what is called Right to Self-Determination. I am of the view that it is still part and parcel of international best practices that inhabitants of the territory are consulted and allowed to make their own choice. I think the interest of the inhabitants ought to have been given greater resonance. This also is enough a critical point to raise before the ICJ for the appeal.

 

4. Another fact is that the said Vienna Convention on the Law of Treaties as contained in Article 46(1) where it states: – “A State may not invoke the fact its consent to be bound by a treaty has been expressed in violation of a provision of its internal law regarding competence to conclude treaties as invalidating its consent unless that violation was manifest and concerned a rule of its internal law of fundamental importance.”

Article 46 (2) further presented some clarifications to the above provisions:- “A violation is manifest if it would be objectively evident to any State conducting itself in the matter in accordance with normal practice and in good faith.”

 

These provisions of the Vienna Convention on the Law of Treaties equally present Nigeria with an option to challenge a violation of its internal procedures for legitimising treaties/agreement which the Green Tree Agreement of 2006 did not observed. Under the Nigerian Constitution the Treaty cannot apply, except and unless and only to the extent that such a treaty has been transformed into the Nigerian law. Since the Treaty has not been approved by the (Nigerian) National Assembly for the domestication, Nigeria cannot carry out the provisions of that Agreement. The treaty ought to have been transformed into Nigerian law before the Nigerian government either ratifies it or implements it. That is why the residents of Bakassi feel aggrieved that the necessary measures had not been taken before their territory was transferred to a foreign country.

 

All the aforementioned premises were enough grounds for our callous one-sided government to utilise but due to some selfish self-centered reasons known to the government, she decided not to appeal the Judgment at the expense of the Bakassi people and Nigerians at large.

 

Way forward

Since the legal window has already been closed, what is needed, therefore, is a comprehensive framework and strategy to carry out diplomatic negotiation that represents the interest of bakassi people and the interest of all Nigerians at large.

 

Recommendation

Total buy-out of bakassi: Negotiation should immediately commence between Nigeria and Cameroun to buy back the peninsula which we in error transferred to them. If we give them an offer that is so juicy that cannot be refused, then the Cameroonians might reconsider and sell off the disputed bakassi. We can settle them, using money. It is to be pointed out clearly to them that there are no way they are going to enjoy those resources without taking Nigeria and Nigerians’ interest into account. Because, if they want to lay claim to the continental shelf under the law of the sea, their claim would have to overlap the claim of Nigeria because looking at the geography, at the map of Cameroun, their shelf locked as it is in international law; they don’t have enough room to utilise or to lay claim to 200 nautical miles, which international law grants to them. This is because Nigeria too has a claim of 200 miles, so there is going to be a conflict. Therefore, Nigeria might propose to them to engage in ‘unitisation or joint development zone’ for the exploitation of the resources. And bring them within the arrangement that we have established with country like Equatorial Guinea and Sao Tome and Principe under which Nigeria and say Equatorial Guinea and Sao Tome and Principe will jointly exploit the resources and the proceeds are shared on 60:40 ratios. In other words, Cameroun should be properly advised to think of the future and think of the larger thing that lies ahead for that country in terms of its relations with Nigeria.

This is exactly what I think should be the paramount concern of the Federal Government now, rather than making statement that will unleash the already inflicted pains and heartbreak that is being nurtured by the bakassi people and Nigerians at large.

Adeniyi, is a political/human right activist, philosopher and scholar of International Law and Diplomacy, University of Lagos. He can be reached via [email protected]

 

 

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Posted in Nigerian Newspapers. A DisNaija.Com network.

Source: The Nation Newspaper

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This Day

Military, Police Ring Abuja to Forestall Boko Haram Attack

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•Deploy more personnel as army chief vows to wipe out terror group
•Security beefed up at N’Assembly

Deji Elumoye and Kingsley Nwezeh in Abuja

Abuja, Nigeria’s seat of power, is under a massive security cordon following threats of attacks by insurgents and the increasing wave of banditry in the contiguous states of Kaduna, Kogi, Nasarawa and Niger States, THISDAY’s investigation has revealed.

There has been a wave of kidnappings in the outskirts of the federal capital, notably Pegi, Tuganmaje and Kuje among others, which the police have battled in recent times.

The security situation in and around the Federal Capital Territory (FCT) was heightened by the pronouncement of the Niger State Governor, Mr. Sani Bello, that Boko Haram fighters who he said sacked 50 villages in the state and hoisted the terror group’s flag, were about two hours drive away from the FCT.

Security has also been beefed up at the National Assembly as operatives, yesterday, thoroughly screened every vehicle approaching the National Assembly complex in Abuja.

The deteriorating security situation nationwide prompted the National Chairman of the Peoples Democratic Party (PDP), Prince Uche Secondus, to warn that the 2023 general election may not hold, demanding the declaration of a state of emergency as well as the convocation of a national conference.
However, the Chief of Army Staff, Lt. Gen. Ibrahim Attahiru, yesterday restated the Nigerian Army’s determination to annihilate Boko Haram.

But the Governor of Katsina State, Hon. Bello Masari, cautioned against declaring a state of emergency, saying doing so isn’t the solution to combat the security challenges facing the country.
The security of the nation’s airports was also in focus yesterday as the Office of the National Security Adviser (ONSA) said there was no threat to them.

THISDAY’s investigations showed increased presence of troops, police, Nigerian Security and Civil Defence Corps (NSCDC) personnel and intelligence operatives at the three strategic entrances to the city notably, Keffi, Zuba and Gwagwalada.

More checkpoints were also mounted around Gwagwalada and Keffi.
THISDAY also observed increased intelligence deployment at the entrance and the borders of FCT with contiguous states.

Beyond the borders, there were more deployments and police patrols inside the city and increased intelligence deployments as well.
Security sources told THISDAY: “There are deployments here and there but they are routine. Alertness is key to a secure environment.”

It was also learnt that security agencies were involved in frenzied meetings throughout yesterday.
The meetings, coordinated by the office of the Chief of Defence Staff under the new joint operational strategy of the armed forces, were aimed at coordinating a joint response to possible threats of attack to the FCT.

“I understand the security teams have been meeting for some days now and if you look around you, you will notice that there are increasing patrols and numbers of security personnel. The threats are not been taken lightly,” a source said.

National Assembly workers, lawmakers and visitors also had a harrowing experience accessing the legislative complex due to heightened security in the area.
Security operatives thoroughly screened every vehicle approaching the National Assembly complex in Abuja, impeding both human and vehicular traffic.

The Sergeant-at-arm of the National Assembly and other security agencies supervised the operations, leading to huge traffic build-up inside the complex.

Legislative staff, visitors and lawmakers were seen patiently waiting for their cars to be searched so that they could go ahead with the business of the day.
Some staff and visitors at some point got tired of waiting and were seen alighting from their cars to trek from the gate to the complex.

Meanwhile, the ONSA has said there is no threat to the nation’s airports.
A statement by the Head of Strategic Communication, Mr. Zachari Usman, said the reports of threats to the airports were an internal correspondence of security threat assessment misconstrued as security threat to the airports.

PDP Demands State of Emergency

In a related development, the PDP National Chairman, Prince Uche Secondus, yesterday demanded the declaration of a state of emergency, warning that the 2023 general election might not hold if the federal government failed to tackle insecurity.

He called on the federal government to summon a national conference to address the spike in insecurity.
Secondus added that the national caucus of the party will meet today to discuss the state of the nation.

Addressing members of the National Executive Committee (NEC) in Abuja, Secondus said: “We are worried Abuja is not even safe. It is no longer politics. We got alert of plots to bomb and burn down our airports.

“We urge the federal government to declare a national state of emergency in security. There is the need to call a national conference to discuss the insecurity in the country.

“There may not be any election in 2023 in Nigeria due to insecurity. This government must listen to the people. The Buhari government should call a national confab to discuss security and state of the nation. It is no longer politics. This time we are not playing politics. Let’s keep politics aside and move the nation forward.”
He said the country had been grounded, regretting that there had been no matching response from the federal government.

Secondus said in the past, terrorism in the North was confined to the North-east, but with the report of Boko Haram occupying villages in Niger State, terrorism had spread to the North-central
“Herdsmen are also menacing in the West; gunmen causing havoc in the East; and the militants in the South; all killing, looting, raping, maiming and burning down homes. The situation is bad; Nigerians all over are living in fear,” he said.

The Senate Minority Leader, Senator Enyinnaya Abaribe, said the problem of Nigeria was outside of the PDP headquarters, while pledging the support of the Senate to the declaration of state of emergency in security.

Abaribe said he deliberately decided not to speak on the floor of the Senate but to allow the APC senators to speak so as to avoid being accused of giving a partisan colouration to the issue of insecurity.

He stated that only electoral reforms would give victory to the opposition party in the 2023 general election and ensure a democratic defeat of the APC-led federal government.
Also, the Minority Leader of the House of Representatives, Hon. Ndudi Elumelu, commended the NEC and the PDP leadership for their collective efforts at resolving the House leadership crisis.

The NEC meeting adopted the position of Secondus, calling on the federal government to convoke a national conference to discuss the state of insecurity in the country, according to a communiqué read by the National Publicity Secretary, Mr. Kola Ologbondiyan.

Army Chief Vows to Wipe Out Boko Haram

The army yesterday reiterated its commitment to wipe out Boko Haram.
Chief of Army Staff (COAS), Lt. Gen. Ibrahim Attahiru, told reporters in Maiduguri, Borno State that Boko Haram had been defeated in many encounters and would continue to be defeated until it’s annihilated from Nigeria.

“We will take on Boko Haram decisively, and we are committed to the focus of the operations, which is the total annihilation of Boko Haram from Nigeria,” he said.

The COAS, who was visiting the headquarters of Operation Lafiya Dole in Maiduguri for the fifth time since his appointment four months ago, said the visit was to boost the morale of the troops, reassure them and listen to any issues affecting them.

Earlier, the Theatre Commander of Operation Lafiya Dole, Maj. Gen. Farouq Yahaya, lauded the visit, which he said had continued to boost the morale of the troops.
“We are honoured, we are grateful, we are encouraged by those visits. You provided us guidance, logistics and other things we required. We are most grateful for those visits,” Yahaya said.

State of Emergency Won’t Solve Security Challenges, Says Masari

Katsina State Governor, Hon. Aminu Masari, has, however, said declaration of a state of emergency won’t solve the security challenges facing the nation.
Masari, who spoke yesterday with journalists after meeting with the Chief of Staff to the President, Prof. Ibrahim Gambari at the State House, Abuja stated that he was against the recent call by the House of Representatives for the declaration of a state of emergency in the security sector as it would not solve the problem.
According to him, declaring a state of emergency will not achieve the desired effect as the security structure and personnel to be used to execute the emergency are already overstretched in a bid to safeguard lives and property.

Sourced From: THISDAYLIVE

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Tribune

Nigeria records 55 new COVID-19 infections, total now 165,110

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Tribune Online
Nigeria records 55 new COVID-19 infections, total now 165,110

The Nigeria Centre for Disease Control (NCDC) has recorded 62 new cases of COVID-19, bringing the total number of infections in the country to 165,110. The NCDC disclosed this on its official Twitter handle on Friday. “55 new cases of #COVID19Nigeria; Lagos-21, Yobe-19, Ogun-6, Akwa Ibom-3, Kaduna-2, Plateau-2, FCT-1, Rivers-1.” YOU SHOULD NOT MISS THESE HEADLINES FROM NIGERIAN TRIBUNE COVID-19: Nigeria Recorded […]

Nigeria records 55 new COVID-19 infections, total now 165,110
Tribune Online

Sourced From: Tribune Online

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Vanguard

Attacks on S’East: We must explore all options of negotiation — Stakeholders urge Igbo

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By Olasunkanmi Akoni

The people of the South East region have been urged to explore the power of negotiation and mutual settlement in the face of ongoing killings and security challenges in the zone because the east can not afford another war at present.

Stakeholders from the South-East geo-political zone made the remark on Thursday, at the unveiling of the book, “Igbo, 50 years after Biafra,” written by Special Adviser to Lagos State Governor Babajide Sanwo-Olu on Drainage Services, Joe Igbokwe, held at Ikeja G.R.A.

Speaking at the unveiling of the book, the chairman of the occasion, Mr. Cutis Adigba,
urged the people of the South-East to learn to build bridges across the country, so that they can realise their ambition of producing the next president of Nigeria.

Adigba urged leaders from the zone to discourage the move and agitation by some youths in the South East to go to war and secede out of Nigeria.

Also read: Banditry: Disregard viral video, Niger State gov’t urges residents

He said that Igbo have always found it difficult to rule Nigeria because they refused to build bridges across the six geo-political zones that made up Nigeria.

While describing the agitation as uncalled for, Adigba noted that after two decades that Nigeria returned to civil rule, the Igbo has predominantly identified with only one political party.

He maintained that remaining in one party can not advance the cause of the people of South East and cannot make them realise their objective of producing an Igbo man as president.

He maintained that the publisher of the book, Igbokwe played politics outside his state, so that the Igbo race can be integrated with one another race.

Adigba said the failure of the Igbo to reintegrate with other ethnic nationalities politically was responsible for the retrogression of the race in Nigerian politics.

Igbokwe, also addressing guests on the occasion, maintained that the Igbo are not advancing politically because they refused to be integrated into National politics, lamenting that, despite their success in business, they are not successful in playing politics at the national level.

Corroborating Dimgba, Igbokwe noted that there was the need for the Igbo people to stand up and build bridges so that their objective of producing the next president of Nigeria could be realised.

According to him: “I have decided to raise my voice, I hope my people will hear me while trying to quell the effect of the war, our people are spoiling for another war, mayhem is being unleashed in Igbo land, and there is palpable fear.

“Those who could speak have lost their voice, mindful of the consequences of their actions, I am calling on all Igbo leaders to speak up because all actions carry consequences, consequences of the silence will be too dastardly to sustain.

“Those silently supporting the wild wind should be careful or else they hand over to their children,” he said.

Igbokwe urged those spoiling for war to jettison their plan and embrace dialogue, urging them to learn from the South West region that despite the challenges faced after the annulment of the June 12, 1993, election, they did not go to war, and the region had the opportunity of producing two of her sons for presidential position in 1999.

“You have to build bridges to become president of Nigeria, but it is unfortunate the Igbo are burning bridges.”

Speaking at the event, Chief Uche Dimgba who is the coordinator of Igbo in All Progressives Congress, APC in Lagos, described Igbokwe as “a Frank, fearless and reliable leader, who based his views on issues and stand by his opinions, and we the Igbo have confidence in him and believe he can lead us aright.”

“He is a leader we Igbo believe in and we will follow him. If he can serve all the governors produced in Lagos State since 1999, he is a better man to follow because he possesses all the experience that can be of benefit to Igbo both at home and in the diaspora.”

Vanguard News Nigeria 

The post Attacks on S’East: We must explore all options of negotiation — Stakeholders urge Igbo appeared first on Vanguard News.

Sourced From: Vanguard News

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Premium Times

Insecurity: Lagos bans occupation of abandoned buildings

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The government said that no worker should stay back beyond 6:00 p.m. within premises of buildings undergoing construction.

The post Insecurity: Lagos bans occupation of abandoned buildings appeared first on Premium Times Nigeria.

Sourced From: Premium Times Nigeria

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