ICJ judgement on Bakassi
binding – AGF
By CHIDI OBINECHE
Monday, July 7, 2008

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Photo:
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Attorney-General of the Federation (AGF) and Minister of
Justice, Mr Mike Aondokaa (SAN) has said that Nigeria will
obey the International Court of Justice ruling which ceded
the disputed Bakassi Peninsula to Cameroun.
The House of Representatives recently rejected the judgement
and urged the Federal Government not to respect it.
But speaking to newsmen in Lagos at the weekend the minister
said that it would not augur well for the nation as a member
state of the United Nations (UN) to disobey it
He frowned at news reports that tended to suggest a wholesale
renouncing of the IJC jurisdiction to which the nation voluntarily
submitted herself to.
He said, “from the point of law, submitting ourselves
to the jurisdiction of the IJC was voluntary and having done
that, and participated throughout the trials and through to
the judgement, it will not augur well for us a member and
as part of the United Nations to say we are not obeying the
court judgement.”
He also discountenanced those who were equating the judgement
to a treaty, saying that the two were different and served
the opposite ends.
“The issue here is that it is a judgement from the world
court and not a treaty per se. So there are two different
things and we should not mix them up,” he declared.
On the Green Tree agreement, which came as a fallout of the
bulky judgement, he reasoned that the agreement could not
stand without fully implementing the judgement.
The AGF urged Nigerians to show concern about the uncertainties
surrounding the nation’s huge oil installations in the
area, rather than dissipating energy on a seemingly wild goose
chase of spurning the judgement.
As a way out of the logjam, he suggested a prototype of the
joint venture agreement on the management of the nation’s
expensive oil installations in Sao Tome.
“I think what should concern or bother us as a country
is what happens to the oil installations we have in that area.
I think what will happen is that we cannot move or uproot
our oil installations that are on the border, because they
are owned by Nigeria and they are really expensive.
“We have some arrangement with Sao Tome for example,
where we have a joint venture agreement on the management
of our oil installations in that country.
In the case of the ones we have in Cameroun (Bakassi), we
can strike the same type of agreement since we are not fighting,”
he declared.
Continuing, he said, “those oil installations are ours
and some of them fall right on the demarcation area. So what
do we do? I think we could have a joint commissions to manage
these oil resources. We can convert these equipment to equities
and turn that place to a security zone which could be managed
under a special arrangement.”
The minister further spoke on the Supreme Court judgement
on new Lagos local government councils.
He advised the state to obey the judgement to the letter,
saying it was wrong for the government to select which sections
of the judgement to obey.
He explained, “Lagos State should follow the law on
the issue of 20 local governments. There is a Supreme Court
ruling that said that it was wrong for the Federal Government
to hold local government’s money in Lagos which we obeyed,
and the same Supreme Court also recognized only 20 local governments
in Lagos. So they should abide by that ruling too.
“The same court ruled that Lagos cannot have additional
local governments until they have the required presidential
approval to do so. As a good government, I expect them to
respect the ruling.
“Are they saying that Lagos State Government will not
respect he Supreme Court decision? My advice is that Lagos
State should respect the Supreme Court ruling which they initially
got benefit from. They got their money. It is the duty of
any government to respect the law, and where that fails to
happen, it will be very unfortunate.
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