EFFORTS by the National Boundary Commission, NBC, to demarcate the
maritime boundary between Nigeria and Cameroon have run into a legal
storm as leaders of Bakassi have taken legal action against the
commission.
The suit,which was filed at an Abuja High Court, yesterday, may be
the first of the series of legal actions which the aggrieved people of
Bakassi want to take against individuals, governments and agencies that
worked directly, or indirectly, to take away their land, endanger their
cultural heritage and rendered them as refugees in their own country.
The people of Bakassi are challenging the NBC which is expected to
start the process of demarcation of the new boundary between Nigeria and
Cameroon based on the 1975 Marowa Declaration, which set the
controversial Ngo/Coker line which jettisoned the April 1893 and the
1954 international boundary between Nigeria and Cameroon.
The old boundary sets the boundaries and co-ordinates at the Rio Del
Re Estuary, which was concealed in the memorandum of facts which
Cameroon took to the International Court of Justice in 1994.
Leader of Save Bakassi Group, Mr. Maurice Ekong, told Vanguard that
the people of Bakassi had decided to take legal action against the NBC
because the commission’s actions are illegal and unconstitutional.
He said: “President Goodluck Jonathan went to New York last month to
tell the world that he believed in the rule of law. We want to test that
mantra of the president in the case of Bakassi because there are
several issues here that require the interpretation of legal minds.
First, we know that the Green Tree Agreement, GTA, which they have been
using has not been domesticated by the National Assembly, the highest
law making arm of government in Nigeria.
The provisions of GTA are inconsistent with the constitution of the
Federal Republic of Nigeria and the Supreme Court, the National Boundary
Commission and all agencies of Federal Government should derive their
powers from valid laws of the land and the constitution. We believe that
the NBC is acting based on the provisions of GTA and the pronouncement
of ICJ, both of which did not take into account the position of Bakassi
people.”
Mr. Ekong said the decision to sue NBC is to forestall any violent
reaction from angry Bakassi people and to prevent a foreclosure of the
fate of Bakassi people who are still hopeful that they would reclaim
their land.
Another prominent Bakassi leader told Vanguard that Bakassi people
have also concluded plans to sue Nigeria for extracting oil from Bakassi
illegally since 1975 and leaving the peninsula impoverished and
under-developed.
Source