Bakassi is the peninsular extension of the African territory of Calabar into the Atlantic Ocean. It is currently ruled by Cameroon following the transfer of sovereignty from neighbouring Nigeria as a result of a judgment by the International Court of Justice.[1] On 22 November 2007, the Nigerian Senate rejected the transfer, since the Green Tree Agreement ceding the area to Cameroon was contrary to Section 12(1) of the 1999 Constitution.[2] Regardless, the territory was formally transferred to Cameroon on August 14, 2008.[3]
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The peninsula lies roughly between latitudes 4°25' and 5°10'N and longitudes 8°20' and 9°08'E . It consists of a number of low-lying, largely mangrove covered islands covering an area of around 665 km²(257 sq; mi). The population of Bakassi is the subject of some dispute, but is generally put at between 150,000 and 300,000 people.
Bakassi is situated at the extreme eastern end of the Gulf of Guinea, where the warm east-flowing Guinea Current (called Aya Efiat in Efik) meets the cold north-flowing Benguela Current (called Aya Ubenekang in Efik). These two great ocean currents interact creating huge foamy breakers which constantly advance towards the shore, and building submarine shoals rich in fish, shrimps, and an amazing variety of other marine life forms. This makes the Bakassi area a very fertile fishing ground, comparable only to Newfoundland in North America and Scandinavia in Western Europe. Most of the population make their living through fishing.
The peninsula is commonly described as "oil-rich", though in fact no commercially viable deposits of oil have yet been discovered. However, the area has aroused considerable interest from oil companies in the light of the discovery of rich reserves of high grade crude oil elsewhere in Nigeria. At least eight multinational oil companies have participated in the exploration of the peninsula and its offshore waters.
During the European scramble for Africa, Queen Victoria signed a Treaty of Protection with the King and Chiefs of Akwa Akpa, known to Europeans as "Old Calabar", on 10 September 1884. This enabled the United Kingdom to exercise control over the entire territory around Calabar, including Bakassi. The territory subsequently became de facto part of the republic of Nigeria, although the border was never permanently delineated. However, documents released by the Cameroonians, in parity with that of the British and Germans, clearly places Bakassi under Cameroonian Territory as a consequence of colonial era Anglo-German agreements. Interestingly, even after Southern Cameroons voted in 1961 to leave Nigeria and became a part of Cameroon, Bakassi remained under Calabar administration in Nigeria until ICJ judgement of 2002.[4]
Bakassi people are mainly the Calabar people, the people of Cross River State and Akwa Ibom State of Nigeria, including the Efut, Efik, Ibibio, Annang, etc.
Bakassi is currently administered by Cameroon after the end of Nigerian control.
Nigeria and Cameroon have disputed the possession of Bakassi for some years, leading to considerable tension between the two countries. In 1981 the two countries went to the brink of war over Bakassi and another area around Lake Chad, at the other end of the two countries' common border. More armed clashes broke out in the early 1990s. In response, Cameroon took the matter to the International Court of Justice on 29 March 1994.[5]
The case was extremely complex, requiring the court to review diplomatic exchanges dating back over 100 years. Nigeria relied largely on Anglo-German correspondence dating from 1885 as well as treaties between the colonial powers and the indigenous rulers in the area, particularly the 1884 Treaty of Protection. Cameroon pointed to the Anglo-German treaty of 1913, which defined spheres of control in the region, as well as two agreements signed in the 1970s between Cameroon and Nigeria. These were the Yaoundé II Declaration of 4 April 1971 and the Maroua Declaration of 1 June 1975, which were devised to outline maritime boundaries between the two countries following their independence. The line was drawn through the Cross River estuary to the west of the peninsula, thereby implying Cameroonian ownership over Bakassi. However, Nigeria never ratified the agreement, while Cameroon regarded it as being in force.
The ICJ delivered its judgment on 10 October 2002, finding (based principally on the Anglo-German agreements) that sovereignty over Bakassi did indeed rest with Cameroon. It instructed Nigeria to transfer possession of the peninsula, but did not require the inhabitants to move or to change their nationality. Cameroon was thus given a substantial Nigerian population and was required to protect their rights, infrastructure and welfare.[6]
The verdict caused consternation in Nigeria. It aroused vitriolic comments from Nigerian officials and the Nigerian media alike. Chief Richard Akinjide, a former Nigerian Attorney-General and Minister of Justice who had been a leading member of Nigeria's legal team, described the decision as "50% international law and 50% international politics", "blatantly biased and unfair", "a total disaster", and a "complete fraud". The Nigerian newspaper The Guardian went further, declaring that the judgment was "a rape and unforeseen potential international conspiracy against Nigerian territorial integrity and sovereignty" and "part of a Western ploy to foment and perpetuate trouble in Africa". The outcome of the controversy was a de facto Nigerian refusal to withdraw its troops from Bakassi and transfer sovereignty. The Nigerian government did not, however, openly reject the judgment but instead called for an agreement that would provide "peace with honour, with the interest and welfare of our people."[7]
The ICJ judgment was backed up by the United Nations, whose charter potentially allowed sanctions or even the use of force to enforce the court's ruling. Secretary-General Kofi Annan stepped in as a mediator and chaired a tripartite summit with the two countries' presidents on 15 November 2002, which established a commission to facilitate the peaceful implementation of the ICJ's judgement. A further summit was held on 31 January 2004. This has made significant progress, but the process has been complicated by the opposition of Bakassi's inhabitants to being transferred to Cameroon.[8]
Bakassian leaders threatened to seek independence if Nigeria renounced sovereignty. This secession was announced on 9 July 2006, as the "Democratic Republic of Bakassi". The decision was reportedly made at a meeting on 2 July 2006 and The Vanguard newspaper of Nigeria reported the decision to secede. The decision was reportedly made by groups of militants including Southern Cameroons under the aegis of Southern Cameroons Peoples Organisation (SCAPO), Bakassi Movement for Self-Determination (BAMOSD), and the Movement for the Emancipation of the Niger Delta (MEND).[9]
On 13 June 2006, President Olusegun Obasanjo of Nigeria and President Paul Biya of Cameroon resolved the dispute in talks led by UN Secretary General Kofi Annan in New York City. Obasanjo agreed to withdraw Nigerian troops within 60 days and to leave the territory completely in Cameroonian control within the next two years. Annan said, "With today's agreement on the Bakassi peninsula, a comprehensive resolution of the dispute is within our grasp. The momentum achieved must be sustained."[10]
Nigeria began to withdraw its forces, comprising some 3,000 troops, beginning 1 August 2006, and a ceremony on 14 August marked the formal handover of the northern part of the peninsula. The remainder stayed under Nigerian civil authority for two more years.[11]
On November 22, 2007, the Nigerian Senate passed a resolution declaring that the withdrawal from the Bakassi Peninsula was illegal. The government took no action, and handed the final parts of Bakassi over to Cameroon on 14 August 2008 as planned, but a Federal High Court had stated this should be delayed until all accommodations for resettled Bakassians had been settled; the government did not seem to plan to heed this court order,[12] and did set the necessary mechanisms into motion to override it. Fishermen displaced from Bakassi had been settled in a landlocked area called New Bakassi, which they claimed is already inhabited and not suitable for fishermen like them but only for farmers.[13]
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