Bakassi Indigenes Sue FG, Jonathan

INDIGENES of Bakassi in Cross River State yesterday dragged the Federal Government before the Federal High Court, Abuja Division, seeking an order voiding the Green Tree Agreement (GTA) that Nigeria signed with Cameroun in 2006 to formalise the ceding of the Bakassi Peninsula to the former, as ruled by the International Court of Justice (ICJ) at The Hague.
In a motion ex-parte presented by their counsel, Festus A. Ogwuche, the applicants sought an order of mandamus that would compel the Federal Government to by any means available to it, repossess, occupy and take full legal and administrative control of the Bakassi Peninsula.

The motion was filed pursuant to section 1 of the African Charter on Human and Peoples’ Rights (Enforcement and Ratification Act) Cap 10, Laws of the Federation of Nigeria, 1990, as well as Order 34 Rules 1(a), 3(1) and (2) of the Federal High Court Civil Procedure Rules, 2007.

Nine executives of Free Bakassi Association (FBA), Imoh Ukpa Imoh, Godwin Ukpong, Christian A. Umoh, Anthony Achibong Ukong, Kingsley Edu, Etim Ekpenyong Ndong, Offiong Anying Ekpenyong, Bassey Okon Osua and Bassey Ikoedem Antiga endorsed the suit.

They also sought leave for an order of mandamus compelling the Federal Government, President Goodluck Jonathan and the Attorney General of the Federation, who were all joined as Respondents in the suit, to “unilaterally resile from, withdraw, rescind, repudiate and/or revoke Nigeria’s obligations under the Green Tree Agreement entered into between Nigeria and Cameroun in Green Tree, New York, United States on June 12, 2006, for its being invalid and in breach of Articles 1, 2, 20, 21, 22 and 24 of the African Charter on Human and Peoples Rights, Article 1 of the International Covenant on Economic, Social and Cultural Rights, Article 1(2) of the UN Charter, and the UN Declaration on the Rights of indigenous peoples, and being inconsistent with sections 1-3, 2(1) and (6), 13, 14(1) and (2)(b), 17(1), (2)(b), (c ) and (d), sections 19(a) and 9d0, 21(a) of the constitution of the Federal Republic of Nigeria (as amended).”

They submitted that the ICJ gave its judgment on the protracted dispute over ownership of the oil-rich Peninsula, based “on archaic and anachronistic colonial declarations, and communications between colonial officers.”

Meanwhile, presiding Justice Gabriel Kolawole yesterday adjourned ruling on the application till October 9, saying he needed time to carefully peruse the court processes in view of “weighty national issues raised therein.”

Source: Guardian