KIU Journal of Humanities Copyright©2018 
Kampala International University ISSN: 2415- 0843', 3(3): 21-36
International Court of Justice Judgement on thè Nigeria-Cameroon 
Borderland Conflict: Implications on Bakassi People
BENJAMIN ADENIRAN ALUKO 
University of Ibadan, Nigeria
NNEAMAKA IJIE OBODO 
Veritas University Abuja, Nigeria
Abstract. From time immemorial, States theoretical framework, thè paper argues that 
have been involved in various forms of both States accepted and complied with thè 
border conflicts and thè origin of these verdict of thè International Court of Justice 
disputes is often times difficult to trace. For as a result of protecting their identities thus 
some of these conflicts, it can be said to shaping their interest. The paper also posits 
have erupted due to thè colonial ties shared that though thè verdict did not rule in favour 
by thè States, for politicai motives or as a of thè Bakassi people and thè Nigerian 
result of thè naturai resources found in such govemment as majority would have wanted 
a border that will therein improve their due to its peculiar nature, but it prevented a 
economy. This paper analyses thè border major outbreak of war.
conflict that occurred between Nigeria and 
Cameroon which finally led thè case to be Keywords: Border Conflict, Bakassi
taken to thè International Court of Justice People, Bakassi Peninsula, International 
(ICJ) to settle thè conflict. The conflict is Court of Justice, Peace
peculiar in nature because it is not a conflict 
over waterways or airspace but a conflict 1. Introduction
over a territorial space that involved a group 
of people. The settlement pattern in one way African countries have had their fair share of 
or thè other has impacted on thè people border and interstate borderland conflicts 
occupying thè disputed area. Such mostly from thè periods each country gained 
implication goes further to infer that when a independence. These borderland conflicts 
border dispute that involves a group of have occurred in countries like Algeria- 
people is settled, there is an after effect of Libya-Tunisia, Algeria-Libya-Niger,
such settlement whether positive or negative Algeria-Mali-Mauritania, Algeria-Mali- 
in nature. The outcome of thè verdict was to Morocco, Algeria-Mauritania-Morocco, 
avert a war but thè situation of thè Bakassi Algeria-Mali-Niger, Algeria-Zaire-Zambia, 
people after thè ceding over thè Bakassi Benin-Niger-Nigeria, Benin-Niger-Burkina 
Peninsula has not been palatable. Using Faso, Benin-Togo-Burkina Faso, Botswana- 
primary, secondary sources of data Zimbabwe (Rhodesia)-South Africa, 
collection and social constructivism as its Burundi-Rwanda-T anzania, Burundi -
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KIU Journal o f Humanities
Rwanda-Zaire (Babatola 2012). The Nigeria and Cameroon though they stili 
Nigerian-Cameroon borderland conflict is lived in relative harmony in that region. But 
one of such numerous interstates border in 1993, thè peninsula, which apart from oil 
conflicts. This conflict over thè Bakassi wealth also boasts of heavy fish deposit, was 
Peninsula had span over thè years. a subject of serious dispute, between 
Cameroon and Nigeria with score of lives 
The Bakassi Peninsula, a disputed territory lost from military aggressions and tribai 
between Nigeria and Cameroon for decades squabbles (Olumide 2002). Due to thè 
can also be linked to several conflicts in incessant clashes between both countries at 
1981 and thè early 1990s (Price 2005) in thè several instances, thè Cameroonian side took 
region. The dispute over thè Bakassi thè case to thè International Court of Justice 
peninsula is not only a product of boundary (ICJ) on thè 29th March, 1994 and after eight 
problem caused by thè colonial powers but years of deliberations, thè court gave a 
also a problem that has degenerated into a ruling and Cameroon was given thè 
bigger concem as a result of clash with recognition of sovereignty over thè Bakassi 
tradition and modemity in which thè pre- Peninsula area (Okoro 2009; Piet 2011). The 
colonial history of thè ancient kingdom of ICJ awarded most of thè disputed Bakassi 
Calabar haunted thè post-colonial reality of Peninsula and maritime rights to Cameroon 
contemporary Nigeria and Cameroon and thè United Nations established a Mixed 
(Tarlebbea & Baroni 2010). In pre-colonial Commission on implementing thè ICJ ruling 
times, Bakassi was an area under thè (U.S Department of State 2011).
Calabar Kingdom and at that time thè 
Obong of Calabar signed a treaty of Though, thè International Court of Justice 
protection on September 10th 1884 with gave a verdict Katele (2007) using thè facts 
Britain (Omoigui 2006). In reality, he signed relating to thè background of thè dispute 
his kingdom over to thè British who offered placed before thè court, thè court however, 
her protection and automatically thè Calabar did not address thè question of thè 
Kingdom became a British protectorate. On implication of thè ruling on thè people of 
November 15th 1983, Germany and Britain Bakassi. The court only took note of 
defined their boundaries in Africa and then Cameroon’s declaration over thè inhabitants 
supplemented it with an additional and mentioned in passing that Cameroon 
agreement in 1906 which covered British should continue to afford Nigerians with 
and German territories from Yola to Lake protection. This invariably means that thè 
Chad (Omoigui 2006). manner of settlement of thè conflict through 
thè instrument of intemational law raises a 
Following this, in 1913, there were series of question of nationality. The question of 
agreement between Germany and Britain as nationality of thè Bakassi indigenes has 
to how an exact boundary demarcation further caused them to desire autonomy 
between thè then colonial territories of from both States despite thè judgement made 
Nigeria and Cameroon was to be established by thè court. Since thè Bakassi Peninsula 
(Ngang 2007). From those periods to thè has long been handed over to Cameroon 
time of independence, Nigeria and with instructions following from thè 
Cameroon had no issue as to who owned thè International Court of Justice and also thè 
disputed area until an announcement of oil provisions made in thè Green Tree 
discovery in thè waters surrounding thè Agreement stating thè legalities involved for 
peninsula brought about restiveness between effective settlement, thè research
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KIU Journal ofHumanities
interrogates thè aftermath of thè handing More disturbing is thè case of Nigerians 
over with major concems to what has who have lived in thè Bakassi region all 
become thè fate of thè People of Bakassi their lives. These individuate will have to 
especially those who retumed to Nigeria. come to terms with thè reality of evacuation. 
This in a way is difficult because most of 
2. Statement of Problem them practically have their sources of 
livelihood, ancestral ties, burial grounds of 
A border dispute amongst States is a loved ones and religious sites situated there. 
contemporary issue that burdens thè hearts Therefore such evacuation would generate 
of many in thè intemational System due to so much contention.
its impacts in several dimensions. From 
centuries ago, lines have been created by 3. Research Questions
man to mark geographical boundaries as a 
limit to a state and thè extent of its In what contexts were thè border 
sovereignty. These lines also known as relations between Nigeria and 
boundaries have been seen to have caused Cameroon established?
thè dispute between Nigeria and Cameroon. - In what manner was thè conflict 
The conflict itself lies in thè fact that thè between Nigeria and Cameroon 
Bakassi people lived in an area disputed by resolved?
Cameroon to be theirs but claimed by How has thè resolution of thè 
Nigeria for decades which further shows that conflict between Nigeria and
it is also a problem of land allocation. Cameroon impacted on thè Bakassi 
People?
More so, thè transference of thè Bakassi 
Peninsula to thè Cameroon has affected thè 4. Research Objectives
Bakassi people. The ceding of thè Bakassi 
Peninsula would have typically implied an The generai aim of this study is to 
end to a dispute of ages but this is far from investigate thè Nigeria- Cameroon 
reality due to thè new uncertainties opened borderland dispute and its implication of thè 
up by thè judgement of thè International indigenous people of Bakassi.
Court of Justice as regards thè fate of thè 
Bakassi people. Critically examining thè The specific objectives are:
judgement of thè ICJ and other issues 
surrounding thè settlement, it is seen that thè To examine thè contexts of border 
indigenous people of Bakassi have lived relations between Nigeria and
their lives from generations untold in thè Cameroon.
disputed area. Thus, this makes thè decision To identify thè process of conflict 
of thè ICJ to become disturbing especially as resolution between Nigeria and 
thè court did not consider thè conduct of a Cameroon.
plebiscite or a referendum to respect their - To examine how thè resolution of thè
human rights foremost, and to determine if conflict between Nigeria and
thè Bakassi indigenes whose ancestral Cameroon have impacted on thè 
homes, means of livelihood have been Bakassi People.
compromised would want to join Cameroon 5. Scope of Study
or retain their nationality as Nigerians.
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KJU Journal of Humanities
The scope of study is thè ICJ’s verdict on and Ikang Central delineated into ten 
thè Nigerian-Cameroon border conflict and politicai and administrative wards. This 
its aftermath on thè Bakassi people. Locai govemment is bounded to thè East by 
Cameroon to thè South by Equatorial 
6. Research Design Guinea and thè Bight of Bonny, to thè West 
by Cross River Estuary and to thè North by 
The design of thè research includes thè Akpabuyo Locai Govemment.
descriptive survey and case study design. 
The survey approach takes thè descriptive 7. Conceptual Clariflcation and 
and analytical method using survey Theoretical Framework
techniques like observation, interviews and 
focus group discussions while thè case study Velez (2009) sees borderlands as a social 
approach follows thè pattern of investigating and politicai scenario in which thè interests 
thè relationship between thè variables of thè state, its relations and problems 
supported by qualitative method of study. between neighbouring countries are 
Historical method is also employed in this manifested. Familugba & Ojo (2013) views 
study for analysis. The essence of an borderland as that part or thè edge of a 
historical analysis is to interpret past records surface or an area that forms its outer part 
in such a manner that will give an which serves as a divide between two 
explanation for present event. The study contiguous territorial units. In this study 
involves thè use of primary and secondary therefore, borderlands dispute are lands that 
sources of data to coliate needed are found at thè outer part of a larger 
information. territory that is in a situation of clashing 
interest by two neighbouring States which 
This study focuses on reading, criticizing consists a concrete representation of 
and drawing conclusions from relevant peoples’ with common cultural and 
documents with relevance to thè border historical value System and statehood 
dispute between Nigeria and Cameroon thè identity
ICJ’s decision and on thè Bakassi Peninsula 
from which findings in thè research would 7.1 Social Constructivism
be analysed therein. Therefore thè study 
critically analyses primary and secondary This work adopts social constructivism as its 
data collected. More so, thè collected data is theoretical framework. Nicholas Onuf in 
interpreted qualitatively. 1989 coined thè term constructivism and its 
roots have been attributed to several 
6.1 Area of Study disciplines like sociology, anthropology and 
psychology with fore bearers of thè theory 
The study was carried out in thè new like thè Italian Philosopher Giambattista 
Bakassi Locai govemment which was Vico, Immanuel Kant, Karl Marx, 
carved out of Akpabuyo locai govemment Alexander Wendt Emanuel Adler, Friedrich 
after thè International Court of Justice’s Kratochwil, John Gerard Ruggie and Peter 
judgement to cede thè disputed territory to Katzenstein (Owen 1995; Holsti n.d; Robert 
Cameroon. The new Bakassi Locai & Sorenson 2006; Behravesh 2011). Akwen 
govemment comprises of three wards carved (2011) compared social constructivism to 
out from Akpabuyo Locai Govemment other theories and opined that it is seen more 
which includes Ikang North, Ikang South as an approach than a theory. Basically,
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KIU Journal o f Humanities
social constructivism see thè intemational thè intemational System have been 
System and thè interactions between States to stmctured in a manner where States are in a 
be socially constructed (Behravesh 2011; bid to outshine one another in thè pursuance 
AJkwen 2011) and thus create thè manner in and achievement of their national interest.
which thè outlook of States are perceived.
The social constmctivism theory is most 
One of thè basic assumptions of suitable for this research and so thè study 
constructivism is identity and belief which adopts thè social constmctivism theory 
are used by States in their relations within because thè theory explains state behaviours 
thè intemational System (Slaughter 2011). which are defìned alongside their identities 
Slaughter further opined that States in thè and interest. The major reason for thè 
intemational System are more concemed interaction of States within thè intemational 
with thè goal to achieve national interest and System is to achieve their national interest 
as such they are opposed to any form of and so States strategize to achieve their 
hindrances. More also, constructivism national interest, and then preserve their 
considers its environment as social, identities. Also, States have a preconceived 
ideational and material (Holsti n.d) and by notion of who they are, what they want and 
being social, it gives meaning to how they want to interact with other States in 
intemational relations concepts like power, thè intemational System. The reason for this 
anarchy and national interest because they choice by States is to give a clear direction 
are socially constructed than just being and focus because of thè anarchical nature 
outcomes of systemic structures while of thè intemational System characterized by 
ideational views are mental constructions powerful and weak States; hence States try to 
that are used by States in thè implementation preserve their identity.
of policies (Robert & Sorenson 2006) and 
materially, it derives meaning from thè In addition power as viewed by thè 
social construction of world affairs in constmctivist theory is from thè perspective 
intemational politics as refuted by of ideas. For constmctivism thè source of 
justifications that intemational politics is power for States is in their ideas and when 
defined by logicai behaviour and decisions this is attained, States have thè ability to 
of state actors in thè pursuance of their constmctively change thè identity of other 
interest (Behravesh 2011). States and thè structures of thè intemational 
System. Lastly, most theories explain that 
Despite thè tenets of social constmctivism, thè reason why States interact in thè 
neorealist are of thè belief that intemational System is primarily because of 
constmctivism have placed so much their needs and interest which are necessary 
importance on intemational norms and to thè for survival but for constmctivism, States 
neorealist, such norms can be disregarded if nature of interest differ in thè sense that their 
it is against thè interest of powerful primary interest are driven by thè predefined 
states(Robert and Sorenson 2006). More nature of thè material resources and thè 
also, constmctivism shows how States situation of thè state. That is why 
perceive others to be either as friends or constmctivism does not separate thè state 
enemies in thè intemational System but thè from thè environment.
neorealist opposed thè notion with a view In its application to this study, social 
that States cannot easily become friends constmctivism implies that actors in thè 
because they interact and this is so because intemational System acquire their identities
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KIU Journal ofHumanities
through specific roles assigned to them. In it can be said that Systems or structures in 
thè light of this, African countries carne to thè intemational System further defines thè 
acquire their present boundaries during thè perception, which is thè identities of States.
process of thè scramble for Africa and this 
was done through thè consent of thè natives In most cases, member States of thè United 
that their lands were occupied, some signed Nations have floated thè decisions of thè 
treaty of protection like that of thè Old International Court of Justice but in thè case 
Calabar Kingdom while some signed treaty of thè Nigeria-Cameroon border dispute, thè 
of possession thus giving their lands away. constructivist approach explains how States 
These treaties were incorporated into laws, actors are seen to respect rules govemed by 
given a generai meaning and fmally thè intemational community. These mles are 
legitimized by intemational organizations norms established by powerful States to 
(Robert & Sorenson 2006). It is also on this protect and preserve their identities as well 
platform that Nigeria and Cameroon as create an atmosphere of orderliness and 
contested over thè ownership of thè Bakassi legitimacy in thè intemational System. By so 
Peninsula through colonial and post-colonial doing, weaker States have come to terms of 
agreements. obeying and incorporating intemational laws 
into their national laws thus a restmctured 
More so, identities and interests of States are identities and interest thereby causing them 
defined by intemational agencies. This to be accepted and recognized in thè 
focuses on thè norms, agreements and laws intemational System. Invariably, this has 
that are passed as by intemational agencies made Nigeria and Cameroon to desist from 
and their impact on state behaviour which in war, accept and implement thè verdict of thè 
tum impacts on national policies. An world court because of thè perceived notion 
examination of thè mode of resolution of thè of recognition in order to preserve their 
Nigeria-Cameroon border conflict, thè tool identity.
of enforcement in determining thè fate of Lastly constructivists concentrate on thè 
Bakassi Peninsula was thè use of customary social identities of actors. For Karacusulu & 
intemational laws employed by thè Uzgoren (2006); Hurd (2008) social 
International Court of Justice. Therefore thè identities and interests vary thus relational 
enforcement of these norms and agreements while other theories explain that social 
like thè Green-tree agreement by interest is fixed like power. For thè 
intemational institutions is a way to peninsula, it was considered less important 
influence States to adopt policies established by both States but upon discovery of oil and 
by them. Following thè Bakassi Peninsula other benefit, it became a treasured land and 
case, thè important role played by thè ICJ both States changed their interest to 
and thè former Secretary of thè United accommodate thè peninsula.
Nations Kofi Anan redefmed thè identities 
of States and thè initial strategies both States 7.2 Bakassi Peninsula
had in mind. As constmctivism explains it, 
States reciprocate their actions in thè manner The Bakassi Peninsula is an extension of thè 
other States or institutions interact with Calabar territory in Nigeria that spreads into 
them. That is why thè friendly disposition thè Atlantic Ocean with latitude of 4° 251 
and revered position of thè former Secretary and 5° IO1 north of thè equator and a 
General of thè UN made both disputing longitude of 8° 301 and 9° 81 to thè east of 
States to amicably accept thè verdict. Thus, thè Greenwich Meridian but to thè
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KIU Journal o f Humanities
Cameroonians, thè Bakassi is an access Benue Valley near Yola. Thus, it can be said 
route to thè Rio Del Rey and parts of their to be a source to many rivers like thè Benue 
South West Provinces (Effiong-Fuller 2007; or Cross River that empties itself into 
Odiong 2008; Baye 2010; Njoku 2012). The Nigeria and then its tributaries into thè 
Peninsula can also be described as a Atlantic on thè Cameroon coast (Asemanya 
swampy mangrove within thè space of 1,000 2006). The third sector which is of more 
kilometres that protrudes into thè Bight of relevance to thè study, is a Coastal region 
Bonny otherwise known as thè Bight of that descends into thè area of thè Bakassi 
Biafra with an available reserves of peninsula with connecting islands by 
Petroleum (Aghmelo & Ibahasebhor 2006; making thè Akpayafe to serve as a boundary 
Tarlebbea & Baroni 2010; Oluyemi 2014) with thè Rio-del-Rey and thè Ndian River to 
with two great ocean currents that leaves thè east and thè Calabar and Cross River to 
foamy breakers that heads towards thè shore thè west (Omada 2013). The fourth sector is 
with different species of fishes and shrimps thè maritime zone that serves as a boundary 
thereby making it one of thè biggest supplies between Nigeria and Cameroon, also 
of sea foods in thè region that can only be extends to thè Equatorial Guinea (Apya 
compared with Scandinavia and 2015).
Newfoundland countries (Mbuh 2004; 
Eregan 2015). Oil and gas reserves in thè Ecologically, Bakassi has two major zones, 
area probably make it one of thè richest known to be mangrove swamp forest and 
peninsulas in thè region with an oil reserve tropical rain forest. The mangrove swamp 
that can be estimated to be in several billions forest is said to be thè dominant Eco zone 
of barrels. Also, its strategie location makes and it seen as an important forest and 
it a potential base for military operations wetland resources base while thè tropical 
coupled with thè fact that it offers a pathway rain forest in Bakassi is also known as thè 
by virtue of thè two sea ports, Doula and equatorial forest due to thè occurrences 
Calabar that is found in thè area (Ogen within thè equatorial belt which contains a 
2012). In thè Bakassi peninsula, there are variety of high grade timber-wood trees of 
many channels and creeks of diverse sizes both hardwood and softwood types 
that intercept one another thus making (Effiong-Fuller: 2007:18). Notwithstanding 
transportation in thè area to be basically thè rich environs of thè Bakassi peninsula, 
water based (Eze 2008). Ajayi (2002) it is an area that suffers from 
all manners of environmental degradatimi 
Fombo (2006) is of thè view that thè due to inadequacies from environmental 
intemational border, Bakassi Peninsula can management initiative but nevertheless thè 
be categorized into four physical sectors. environmental challenge, thè peninsula 
These four sectors are that of thè northem exudes economie importance and 
most part, where thè land boundary cuts into potentiality (Shaibu, Azom & Nwanze 2015) 
Lake Chad and thè neighbouring plains at an and as a result of its futuristic benefits, thè 
average altitude of about two hundred Nigerian govemment and thè Cameroonian 
metres above sea levels. At such times, thè govemment overtime have battled for its 
water level rises above normal and thè Lake ownership.
Chad region becomes fully water logged. 8. The International Court of Justice 
The second sector is a land boundary that Ruling over thè Bakassi Peninsula
has a continuous chain of mountains and 
valleys but with an interception by thè
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KIU Journal o f Humanities
Overtime, nations have often struggled over Peninsula case where thè judgement cedes 
a territorial or maritime boundary due to its thè land to Cameroon forgetting thè 
economie, politicai or other strategie demography of thè territory inhabited by 
importance it posits and quite a handful of majority of Nigerian ethnic nationalities.
these border disputes are resource based not 
considering thè ethno-cultural space that The boundary between Nigeria and 
coincides with thè territoriality of thè state Cameroon in time past have gone through 
(Apya 2015). It is with such notion that quite a number of progressions before 
modem day States seek redress or claim of recently attaining its current position given 
sovereignty of their territory before thè by thè International Court of Justice 
International Court of Justice, also known to (Asemanya 2006). The origin of thè present 
be thè principal judicial body of thè United boundary can be dated to 1885 when thè 
Nations. British protectorate was extended to thè 
boundary between German Kamemn and 
The International Court of Justice from its British Nigeria territories which afterward 
inception has presided over several cases was extended to thè north within few 
ranging from maritime to territorial disputes kilometres from Yola in 1886 (Weladji 
like Somalia versus Kenya over thè 1978; Chukwurah 1981; Egunjobi 2005). 
maritime delimitation in thè India Ocean in Several treaties were signed back and forth 
2014 to thè Costa Rica versus Nicaragua as by thè colonial masters and after 
same as maritime delimitation in thè independence of Nigeria and Cameroon, thè 
Caribbean and Pacific Ocean in 2014 to thè signing of treaties continued over thè border 
frontier dispute between Burkina Faso and demarcation.
Niger in 2010 and Cameroon versus Nigeria, 
land and maritime boundary dispute in 1994 It can be said that prior before now, Nigeria 
(www.ici-cii.org). It is pertinent to note that and Cameroon were coexisting peacefully as 
sometimes, thè judgement made by thè ICJ neighbours until both nations started 
on thè territorial differences and thè experiencing clashes from thè period of 
settlement pattern does not bring about an Africa independence movement (Njoku 
easy resolution. 2012; Placido 2014). These clashes were 
contained but thè border dispute then took a 
Several territorial cases handled by thè ICJ different tum when huge oil reserves were 
have shown thè tendency of resurfacing. discovered in 1977 along thè Rio del Rey 
Given thè territorial dispute between thè basins by thè Bakassi territory (Adigbuo 
Albanians and thè Serbs over Kosovo due to 2014) and also with a discovery at thè Gulf 
their perceived attachment to thè place, thè of Guinea, it led to both nations trying to 
Kosovars declared independence even after determine who has access to off-shore and 
thè dispute was resolved and this further inshore hydro-carbon resources and this 
heightened thè dispute, likewise thè dispute further aggravated thè conflict. The 
over thè Preah Vihear tempie that was ceded implication of such oil discovery made both 
to Cambodia, years after thè resolution, both nations to become interested in thè Bakassi 
countries stili uphold claims and counter peninsula with various conflicts occurring 
claims (Agwu 2009) with an indication that until in 1994, Cameroon decided to file a 
thè territorial disputes resolution outcome law suit against Nigeria (Yagba 1995; 
offered by thè ICJ are only quick fixed in Ngang 2007; Adigbuo 2014).
nature. This also is applicable to thè Bakassi
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The court case began in 1994, with those instruments thereby investigating thè 
Cameroon pursuing a court injunction for validity of thè instruments placed before thè 
thè total removai of Nigerian soldiers who court (Check 2011). It was on this basis that 
occupied thè Bakassi territory and set both disputing parties presented their strong 
restraining order on Nigeria from laying arguments with either supporting documents 
claims of sovereignty over thè peninsula or other proofs. It is in thè light of this, that 
(Aghemelo & Ibhasebhor 2006; Check thè positions of Nigeria and Cameroon were 
2011; Njoku 2012; Falana 2012). In her suit established. Nigeria’s main point of 
filed against Nigeria, Cameroon’s argument over its claim to sovereignty over 
application stated that thè delimitation of thè thè Bakassi Peninsula was historical in 
land and maritime boundary has remained nature while her Cameroon counterpart 
incomplete due to many failed attempts to based her sovereignty claim using 
establish a permanent boundary with a conventional titles which were western in 
subsequent application to thè registry nature (Sama & Ross 2006; Eze 2008; 
relating thè question of sovereignty over a Agwu 2009; Apya 2015).
part of thè territory of Cameroon and thè 
area of Lake Chad (Ngang 2007; Check The world court relied heavily on 
2011). As a result of this, thè court conventional titles and argument giving due 
considered thè case and admitted her precedence to contemporary western ideas 
competence to preside over thè issue of a boundary demarcation and sovereignty 
between thè disputing parties. Due to to thè detriment of thè historical 
Cameroon being thè first to take thè case to consolidation justifications put forward by 
thè world court, she was quite confident Nigeria. In cross examining thè instruments 
because of thè prior knowledge of thè 1913 relied for thè judgement, thè treaties 
Anglo-German agreement which shifted thè between thè colonial powers of thè disputing 
peninsula from its originai position in parties were thè major basis for reaching a 
Nigeria and also thè 1975 Maroua conclusion. Looking at thè Anglo-German 
Declaration between thè two Heads of State Treaties of March 11, 1913, Aprii 12, 1913 
as at that time (Olumide 2002; Baroni & and thè Treaty of Versailles, it was believed 
Tarlebbea 2010; Funteh 2015). Also and much argued that Nigeria on her 
Cameroon felt justified that she would gain attainment of independence was to refute all 
thè sympathy of thè court due to her treaties signed by her colonial masters but 
minority of one-tenth of thè total population classical intemational law posits that a 
of thè Bakassi peninsula as Nigeria was colony is a geographical entity under 
perceived to be using her population tutelage with no personality of its own 
advantage as an occupational strategy to recognised at intemational law and so 
claim ownership of thè peninsula (Mbuh Britain made all her colonies, Nigeria 
2002). inclusive to sign a devolution agreement as 
prerequisite for independence (Ajomo 
The task of thè International Court of Justice 2012). With this, it can be said that thè 1913 
over thè case was to specifically define thè treaty amongst other treaties were valid and 
course of thè entire Nigeria-Cameroon binding on Nigeria because as Ajomo 
boundary as fìxed by thè relevant instrument further opined, Sir Abubakar Tafawa 
with thè court passing a final judgement at Balewa signed thè agreement on behalf of 
thè end of thè case with thè interpretation Nigeria two succinct clauses which stated:
and application of certain provisions of
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KIU Journal of Humanities
that all obligations and responsibilities o f thè city-states of Old Calabar to Bakassi 
thè Government o f thè United Kingdom with an affinity of thè Bakassi people 
which arose from any valid international similar to thè ethnic and social culture of thè 
instrument shall be applicable to Nigeria Old Calabar people and more interestingly is 
and thè rights and benefìts enjoyed by thè thè administration is thè fact that there 
Government o f thè United Kingdom in virtue exudes Nigeria’s administrative presence in 
o f thè application o f any such international thè territory since 1960 till thè period of 
agreement to Nigeria shall be enjoyed by thè hand over to Cameroon. But an examination 
Government o f Nigeria (Ajomo:2012:8). of thè historical claim made by Nigeria, 
three foundational claims of thè disputed 
Therefore, thè transference of Bakassi to area as stated by thè International Court of 
France was not to be probed but accepted as Justice report can be applied jointly or 
binding due to thè devolution agreement individually and outlined as:
signed by Nigeria. Bassey (2014) a long occupation by Nigeria and by 
corroborates Ajomo’s view by positing that Nigerian nationals which can serve 
thè ceding of Bakassi by thè British to thè as an historical consolidation of title 
Germans was legai in thè sense that in 1884 an effective administration by 
to 1885, Britain proved to other European Nigeria on thè peninsula with no 
Powers at thè Berlin Conference that Old protest from Cameroon 
Calabar including Bakassi was its manifestations of sovereignty by 
possession, it had thè right to dispose of any Nigeria together with thè 
part of its possession or negotiate thè acquiescence by Cameroon in 
boundaries of it colonial territories. But Nigerian sovereignty (ICJ judgement 
another school of thought questions thè report 2002, paragraphs 62-70).
validity of thè treaties signed by thè colonial 
powers using thè legai maxim, nemo dat The above claim as put forward by Nigeria 
quod non habet (you do not give what you showed a peaceful possession and 
do not have) to justify its claim. Falana administration of thè peninsula with thè 
(2012) is of thè view that thè transference of claim of an acquiescence by Cameroon. In 
thè territory was illegai because Britain did other words, Cameroon did not raise any 
not have that territory in thè first place. form of objection to her infringement of 
Falana further opined that thè Old Calabar rights of ownership from thè period of 
which covered thè Bakassi Peninsula was in Nigeria’s presence in thè area only until thè 
1913 a protectorate and not a colony of time of 1994 when thè case was taken to 
Britain, further buttressing this opinion by court. On thè other hand, Cameroon 
saying that a protectorate indicates an disputed Nigeria’s claim that a holder of a 
authority that is shown by a strong state over conventional territorial title to thè Bakassi 
a weak state without a direct invasion which peninsula, does not have to demonstrate an 
contradicts a colony that explains a land effective action on thè region due to thè 
settled by people from another country, to validity of thè conventional title which 
whose govemment to some extent are overrules over any law of effectivités (ICJ 
subjects. Reports 2002). The court in adjudging 
Scrutinizing Nigeria’s basis of claim to Nigeria’s historical establishment of title, 
sovereignty over thè Bakassi Peninsula, responded that though Nigeria expressed thè 
Ngang (2007); Eze (2008); Agwu (2009), law of effectivités, by establishing 
adduced that there existed an originai title of organisation of public health, educational
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KIU Journal o f Humanities
facilities and administration of justice, all of within Nigeria’s jurisdiction according to 
which are considered as normal due to thè verdict.
Nigeria’s perceived belief of titre de 
souverain but thè court in her final 8.2 Implications of thè International 
submission over thè relationship between Court of Justice Judgement and thè 
effectivités and titles referred to a similar Bakassi People
case of border dispute between Burkina Faso 
and thè Republic of Mali stated inter alia Since thè final handover of thè ceded 
that: Bakassi Peninsula in 2007 to Cameroon, thè 
“where thè act does not correspond to thè Bakassi retumees who comprised of 
law, where thè territory which is thè subject Nigerians of different ethnic groups majorly 
of thè dispute is effectively administered by from thè South-South region of Nigeria were 
a State other than thè one possessing thè relocated to Ikang while others decided to 
legai title, preference should be given to thè return to their states like Delta and Bayelsa. 
N holder of thè title and in an event that thè The new Bakassi Locai govemment was 
effectivités does not coexist with any legai created in Aprii 12, 2007 (Okoro 2011) and 
title, it must invariably be taken into this creation was done by thè State 
consideration” (ICJ Reports 1986:587 govemment by sending a bill to thè House 
paragraph 63). of Assembly to seek a readjustment of thè 
Akpabuyo boundary to accommodate thè 
Going by thè claims and counter claims of Bakassi retumees at Ikang.
Nigeria and Cameroon, thè International 
Court of Justice ruling over thè disputed The peaceful process of thè border 
territory in a verdict of October 10th, 2002, settlement averted an impending war 
according to (Eze 2008), affected Nigeria in between Nigeria and Cameroon. However, 
three dimensions; comprising of thè people, thè aftermath of thè settlement has lingered 
territory and marine resources. Further in both sides of thè divide. For thè Bakassi 
elucidating, Eze is of thè view that thè people who decided to remain in thè old 
transference of thè Bakassi Peninsula has Bakassi locai govemment, it has been 
affected thè indigenous people, caused a loss challenging. On thè other hand, thè Bakassi 
of fishes, shrimps and other aquatic indigenes who decided to retum to Nigeria 
resources which would have been beneficiai have experienced similar fate. After thè 
in terms of provision of means of livelihood peace process and thè return of Bakassi to 
for thè fishermen and also thè hydrocarbon thè Cameroon, thè people of Bakassi 
and thè geostrategic importance of thè peninsula were always complaining of 
region. The basic outcome of thè judgement harassment by thè Cameroonian gendarmes 
was that Cameroon had thè sovereignty of (Oluda 2011). This corroborated thè 
thè Bakassi peninsula due to a 13 to 3 votes experiences of some of thè Bakassi women 
(Ngang 2007). This therefore resulted to thè that fled thè old Bakassi locai govemment 
court requesting that Nigeria should many years after thè border dispute 
withdraw her forces and administration from settlement. The Bakassi women opined that
thè peninsula therein fully transferring its 
possession to Cameroon (Issaka & Ngandu When they first retumed, they (thè 
2008; Kamto 2008; Tomwarri 2015) and govemment) used to help us and assist us 
lastly Cameroon withdraw her forces and with food and other items but now nothing is 
administration from regions which falls coming. We are practically fending for
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KIU Journal of Humanities
ourselves. The money that govemment was share it to thè people of Bakassi, they said 
paying us for many years which is five no that they are stili talking of thè modalities 
thousand naira each family, we cannot of sharing thè houses, that it was not 
remember when last they paid so many of us supposed to be for thè Bakassi people but 
went back to fishing port. Those who thè States of thè Niger Delta In Bakassi land 
retumed to fishing port went to face another and now those houses are going bad because 
problem. It's even worse than thè first one of people not inhabiting them (Interview 
that happened (FGD, New Bakassi Locai with thè former serving chairman of old 
Govemment, Febmary 2018) Bakassi LG from 1999-2002, Febmary 
2018)
More so, a majority of thè retumed 
population have become intemally displaced In addition, thè aftermath of thè border 
persons in Nigeria. This displacement is as a dispute settlement has made brothers of thè 
result of insufficient houses for thè retumed same kinsmen to become strangers. In an 
people and also thè expiration of their interview with thè clan head of Atai Ema, he 
temporary accommodations which were was of thè opinion that family members 
camps. Mr. Aquah, thè then Director have become decimated while others have 
General of thè State Emergency become alien to each other. This arose as a 
Management Agency (SEMA) in Premium result of thè ICJ’s judgement followed by 
times in 2016 said they had a case of 47,180 thè Greentree agreement which particularly 
Intemally Displaced Persons in different stated in Articles 3 (2a) that Cameroon shall 
locations in Cross River with 9,960 not force Nigerian nationals living in 
men, 14,028 women and 23, 245 children. Bakassi Peninsula to leave thè zone or to 
He was further of thè opinion that thè IDPs change their nationality. In essence, 
needed pemianent settlement and not members of thè same family from thè 
temporary Solutions. The above notion was Bakassi Peninsula who were once together 
supported by thè observations raised by thè are divided because some remained in 
retumed Bakassi men and women who Cameroon and others returned.
opined that thè Federai Govemment actually 
built houses for them but it has not been More so, thè Bakassi people had thè issue 
given to them to occupy. In an interview over politicai representation when thè 
with a former chairman of thè old Bakassi boundary was adjusted to accommodate thè 
locai govemment, He was of thè opinion Bakassi retumees. This brought about some 
that: form of rift between thè Akpabuyo 
Fortunately I  was in one o f thè committees community, Bakassi retumees and
to provide amenities, a federai govemment Independent National Electoral Commission 
committee. I  was given a letter o f (INEC). The boundary was adjusted based 
appointment and was called for a meeting on thè Law No 7 of 2007 of thè Supreme 
only once. Orubebe was then thè special Court (Una 2018) through thè constitutional 
adviser till they built some units of houses powers of thè Cross River State govemment. 
there. Of course that one isn't even a The problem of politicai representation of 
property of Bakassi LG, it is meant for States thè Bakassi people was seen as a major 
of thè Niger Delta. Orubebe doubled as problem because though thè state
Minister of state for Niger Delta Ministry so govemment had successfully adjusted thè 
they made those buildings. We went to ask boundary but it was not within their 
them now you have finished thè buildings jurisdiction to adjust thè federai
32
KIU Journal ofHumanities
constituency which is seen as thè duty of activities in nearby locai govemment areas 
INEC. It was thus in this manner that: like Calabar South.
Three clan heads o f Bakassi took INEC to In addition, families have become scattered 
court insisting that thè delineation o f due to thè verdict of thè court as some 
boundary automatically was also decided to remain in thè old Bakassi and 
delineation o f federai constituency. The case others retumed to Nigeria. This has made 
went from thè High Court to thè Supreme brothers of thè same kinsmen to be like 
Court and thè Supreme Court said thè strangers.
delineation o f thè boundary by thè Cross 
River House o f Assembly was proper under Lastly, it was noted that there exist heavy 
thè section 4 and 7of thè constitutìon but it military presence in thè new Bakassi locai 
does not mean that thè federai constituency govemment. This is attributed to thè fact 
lines bave been redrawn far thè purpose o f that there is a rise in militancy activities due 
election on which INEC should depend to thè oil wells and thè creeks.
(Interview on Vanguard with Ekpo Eyo 
Aprii 8 2018) 10. Conclusion/Recommendation
It was thus on this basis that INEC was 
advised to carry out its constitutional power Precisely sixteen years ago, thè International 
under sections 112, 113 and 114 to delineate Court of Justice gave a mling in favour of 
thè boundary between Akpabuyo and thè Cameroon over thè Bakassi Peninsula. This 
new Bakassi Locai Government (Una 2018). judgement brought about mixed reactions 
All these were efforts taken towards particularly to Nigerians because several 
conserving thè politicai rights of thè years after its mling, thè Bakassi retumees 
retumed Bakassi people. are yet to have fully settled. As opposed to 
other similar court cases mling by thè ICJ 
9. Findings like that of Nicaragua and Colombia in 
favour of Nicaragua, both States finally 
It was observed that thè Bakassi people are settled thè case by considering thè people 
living in deplorable state. This is due to thè found in thè disputed area. This to an extent 
fact that they retumed with almost nothing. averted an unforeseen damage and hardship 
Thus, rebuilding their lives has become a for thè Colombians. It is thus on this basis 
challenge. that Nigerians would have thought that thè 
More so, thè Bakassi people are known to be verdict taken would have considered thè 
fishermen and net makers due to their sensitivity of thè case.
neamess to thè river but with their relocation 
to thè new Bakassi locai govemment, most On this note, thè paper recommends from 
of them are having a hard time sourcing for findings of research carried out that, thè 
their livelihood. Nigerian govemment should alleviate thè 
living condition of thè Bakassi retumees by 
Furthermore, several years after thè verdict giving them better living condition and an 
of thè court, many Bakassi retumees are improved means of livelihood.
seen to be intemally displaced with many 
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