How Nigeria can get back
Bakassi –Maritime law expert
By JOE EFFIONG, Uyo
Wednesday, May 7, 2008
Nigeria has been warned of the danger of going into uninformed
maritime boundary negotiation with Ghana, as such may cause
the nation to lose much of its territory just as it lost to
the Cameroon.
An expert in maritime law, Dr. Kinsley Ekwere, who issued
the warning while speaking with Daily Sun on Tuesday, explained
that while Ghana still has a lot of extended continental shelf
potentials, Nigeria does not, because it had depleted such
in the joint development zone with Sao Tome and Principe.
Ekwere reasoned that instead of going into blind negotiation
or unnecessary litigation, which would eventually hurt the
nation, Nigeria should equally opt for joint development zone
with Ghana.
He, however, said Nigeria could recover the Bakassi Peninsula
ceded to Cameroon because of the International Court of Justice
(ICJ) judgment. To achieve this, Ekwere advised the nation
to initiate a review of the judgment, explaining that it has
since been discovered that the judgment was a serious legal
blunder.
He said he discovered that the judgment was a serious blunder
while doing his fellowship at the Hague and at various forums
where the Nigeria/Cameroon case have been severally described
as a miscarriage of justice by maritime law experts.
He explained that what fundamentally made the judgment faulty
was because the court did not establish what is known in the
international maritime law as a ‘datum.’
“A datum is a science of precision, geodacy is the ability
to locate a point on the earth with precision. The court has
the responsibility to establish a common ‘datum’
between Nigeria and Cameroon. But that was not done. So, it
is impossible to implement the ICJ judgment between Nigeria
and Cameroon because there is no ‘datum’.”
The maritime law expert, who is based in Germany, stressed
that Nigeria, having implemented a large section of the judgment
as demanded by international law, could now initiate a review
of the judgment, emphasizing that it would sure recover the
lost maritime territory.
“One of the conditions for a review is that you must
implement the ICJ judgment as you cannot ask for a review
without it. Nigeria is qualified for a review, and it is important
to, because talking about the Green Tree Agreement, I don’t
know the basis for which it was entered,” he explained.
Ekwere also asked the National Assembly not to ratify the
said agreement so as not to give credence to the faulty ICJ
judgment but that Nigeria should assemble international maritime
law experts and initiate a review of the judgment.
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