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  • Adegbite’s death a monumental loss, says Ajimobi

    Adegbite’s death a monumental loss, says Ajimobi

    Oyo State Governor Abiola Ajimobi has described the death of the Secretary-General of the Nigeria Supreme Council for Islamic Affairs (NSCIA), Dr. Lateef Adegbite, as “a monumental loss” to the Muslim community, the legal profession and Nigeria.

    In a statement yesterday by his media aide, Dr. Festus Adedayo, Ajimobi said he received the news of Adegbite’s demise with shock and disbelief.

    He described the deceased as an elder statesman, who lived his life fostering the country’s unity.

    The governor said the late Adegbite used his status as the NSCIA scribe to advance the cause of Islam and to ensure harmony among various religious groups.

    He said: “It is on record that the late Adegbite made his mark in the legal profession by seeking justice for the poor and oppressed.

    “His death is highly unfortunate and disheartening, more so at this critical time when the nation needs his spiritual counsel to tackle the myriads of problems confronting it.

    “We are, however, consoled by the fact that Adegbite lived a fulfilled life; a life of service to humanity.”

    Ajimobi urged the late Adegbite’s friends, associates and family to celebrate his passage, because he did his best to impact positively on fellow human beings and his fatherland.

    He prayed the Almighty Allah to grant the late Adegbite Aljanah Firdaus and the family the fortitude to bear the “irreparable loss”.

  • We’ll create jobs, says Fayemi

    We’ll create jobs, says Fayemi

    Ekiti State Governor Kayode Fayemi yesterday spoke of plans to create jobs for the teeming youths.

    In his speech to commemorate the nation’s 52nd Independence anniversary and the state’s 16th anniversary, Fayemi said efforts were on to industrialise the state.

    He said many job opportunities lay untapped outside the public service, adding that the core mission of his administration is to tackle poverty and empower the people.

    Describing poverty as the people’s major adversary, Fayemi said the task of building the state is a collective responsibility.

    He urged stakeholders to support his administration in building the state.

    The governor assured residents that the peace in the state would be sustained.

    He said the double celebration called for sober reflection.

    Fayemi said his administration has provided the “virile leadership” needed to win the war against poverty.

    He said his administration would expand the Social Security Scheme for the Aged–the first in the country-to cover more people.

    Fayemi said: “To savour the joy of our celebration, our efforts at rescuing Ekiti from the claws of poverty must be sustained, irrespective of religious, economic and political inclination.

    “Fellow compatriots, the task of having the Ekiti of our dream is a collective one. I urge you all to join hands with the government to sustain the tempo of development across the state.

    “I assure the good people and residents of Ekiti that this government will work harder to encourage economic growth through sustainable investment. “We will also ensure that the prevailing peace in the state is not ruffled in whatever form.”

    The governor urged stakeholders in the Nigerian project to urgently address ethnic loyalty and identity, which often affect our unity.

     

  • V-Cs release guidelines for honorary degrees

    V-Cs release guidelines for honorary degrees

    The Association of Vice-Chancellors of Nigerian Universities yesterday in Abuja released the guidelines for the award of honorary degrees in the nation’s universities.

    The Secretary-General of the association, Prof. Michael Faborode, told the News Agency of Nigeria (NAN) that the guidelines would be effective from January, next year.

    He said the 27th conference of the association, held at the Nasarawa State University, examined the erosion of academic culture and tradition.

    He said the guidelines would henceforth be referred to as the “Keffi Declaration’’.

    Faborode said the “Keffi Declaration’’ would reduce indiscriminate award of honorary degrees and restore the age-long university culture and tradition of best practices.

    He said: “We have observed that the number of honorary degree awardees have become uncontrollably large, ranging from one to 20 in a single convocation ceremony and at times presented in absentia to surrogates.

    “We have also noted that most of these awards are based on wealth, political office and position as a means of generating revenue with little or no consideration for integrity.

    “There’s no consideration for contribution to the development of the university and no consideration for national development.’’

    He said that the onward procedure for the award of honorary degrees enjoined universities to make it a policy not to bestow honorary degree on any person holding political office while still in service.

    He said that the guidelines and procedure for the selection of honorary degree recipients should be in accordance with the law and statute of the respective universities.

    According to Faborode, this should be in line with best practices and the selection process should be through the appropriate committee of the awarding university’s Senate.

    “The award of degree should be given to any professional who has made significant or ground breaking discoveries in the areas of accomplishments, invention, and innovation among others to societal development.”

     

     

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  • Ibadan residents protest fuel scarcity, PHCN tariff, unemployment

    Ibadan residents protest fuel scarcity, PHCN tariff, unemployment

    A Non-Government Organisation (NGO), the Joint Action Front (JAF), yesterday led thousands of Ibadan residents to protest the alleged insensitivity of the Federal Government to the challenges facing Nigerians.

    The protesters were led by the Oyo State JAF Co-ordinator, Dr. Ademola Aremu.

    The Academic Staff Union (ASUU), of University of Ibadan (UI) chapter, led by Dr. Segun Ajiboye; Nigeria Labour Congress (NLC), led by Comrade Bashir Olanrewaju; National Socialist Movement; Senior Staff Association of Nigerian Universities (SSANU) and other civil society groups joined in the protests.

    Comrade Femi Aborishade, Comrade Abbey Trostky and many rights activists were among the protesters.

    The protesters converged in front on UI at 8am and marched on Samonda, Sango, Elewure, Bodija, Housing Estate, Favours, Bodija.

    They were accompanied by stern-looking anti-riot policemen and plain clothed security personnel.

    The protesters carried placards with inscriptions, such as “Nigeria at 52 still crawling like a toddler”; “Stop unemployment and poverty now”; “We say no to fuel hike, privatisation and casualisation”; “We need good governance” and “Education must be free”, among others.

    The protesters, comprising men, women and students, sang anti-government songs as the marched through the city.

    The peaceful protest held up traffic for several hours and many pedestrians joined the protesters.

    Aremu said the government had been insensitive to flooding, insecurity, infrastructural decay, fuel scarcity and price hike.

    He said the protest was to sensitise Nigerians to ask the government questions about the fuel subsidy probe, adding that corruption is responsible for Nigeria’s underdevelopment.

    Condemning the artificial scarcity of petrol, JAF said: “We consider the artificial scarcity of petrol as a manifestation of the intrigues and game-plan of the Nigerian capitalist thieving elites and their representatives in government to fully implement the lingering deregulation policy of the downstream oil sector.

    “Why would the Nigeria National Petroleum Corporation (NNPC) abandon repair works because of insecurity? How can a government, which had enough armed forces to unleash terror on peaceful demonstrators protesting the senseless fuel price hike in January, now lack enough armed forces to secure workers and pipelines? Education has not fared better.

    “The same government, which claimed that the money saved from subsidy would be invested in social services, such as education, has come up with a recommendation, through one of its constituted committee headed by Mr. Stephen Orasanye, that students in Federal Universities should start paying tuition fees ranging from N450,000 to N500,000 in the name of full introduction of tuition fee regime in Nigerian universities.”

    Lamenting the high rate of unemployment, Aremu said Nigerians are being exploited with the new billing rate of the Power Holding Company of Nigeria (PHCN).

     

  • Nigeria as an emerging democracy: Dilemma, promise (Part 3)

    Nigeria as an emerging democracy: Dilemma, promise (Part 3)

    Text of the keynote address by Catholic Bishop of the Diocese of Sokoto, Bishop Matthew Hassan Kukah, at the NBA Annual General Conference in Abuja

     

    What is most disturbing is the fact that we have completely taken the intellectual contribution to politics out of our process. We are only concerned with how to capture raw power, how to get into the engine room, how to share in this life changing booty called oil money which is gradually looking like blood money in our country. We need to turn the corner and do so with confidence and assurance. I will make five quick points.

    First, we need to fix the economy and I believe that we cannot do better than what we have now under the President and Dr. Ngozi Iweala. We hope that sooner than later, our economy will not only grow, but that we the people shall also grow. This is no easy task. According to the Vision 20-2020 report; The pillars of the Nigerian economy are extremely weak and the continued economic viability of the Nigerian state and the continued economic viability of the Nigerian state is perpetually at risk.

    Of great concern is the need to create the leadership to support this vision. Although every government official has taken the transformation agenda as a mantra, it is important that this message percolates through the other crevices of our national life. This is why the idea of a performance bond is important. However, this performance should not be confused with sycophantic cooking up of figures and power point slides. There is need to clearly lay out the programmes to be measured. For a country that is used to monitors being compromised, the President must ensure that these measuring mechanisms are clearly explained to the people in a way and manner that they can understand. We will also require at least an annual review of the scorecard and this should go right down to the President. This show of good will in my view will go a long way in ensuring confidence in the system and process.

    There has been the nagging issue of a Sovereign National Conference as a solution to our problems. Nigerians keep saying we need to talk as if we are not talking. The real challenge is the content of these talks and whether indeed, that is the way to solve our problems. It is important to note that we have never been short of talking points.

    Those who are calling for a Sovereign National Conference made up of representatives of the various ethnic groups must say whether this is different from what the late Anthony Enahoro and Professor Wole Soyinka worked on and they might also honestly tell us the fate of the final document.

    I hold a slightly different view. First, I believe that we need to talk but the talking needs to be of a certain quality that is founded on scholarship and a proper understanding of the issues of statecraft. We also require a level of maturity and an understanding of these processes. It is clear that our problems are not documents but the issues relate to whether we can ever find the political will to focus on how to build our country and how to develop the required time lines and so on.

    Everyone keeps talking about Leadership, Leadership and Leadership. We create the impression that somehow, leadership will simply drive an unwilling band of horses to a river and getting them to drink water by force. We believe that political leadership is the only form of leadership. We all ignore the challenges in our own leadership levels whether it is in the churches, mosques, civil society and professional groups. The curious thing is that what we all accuse the political leadership of exists in our own midst. If we borrow the example of the Fulani man and his herd of cattle, we get an interesting view of leadership. In that scenario, it is interesting to note that it is the cattle that actually lead, after all, the leader who leads them to the grazing field does not eat grass. It is they who eat grass, they know which grass has poison and so on.

    The shepherd only guides them and also ensures their security, but it is they who know what they want. So, there is need to close in the gap between our perceptions of leadership.

    My view is that we must now address the issues of how justice can become a cardinal point of reference in governance. Here, I still insist that judicial activism is one way of interpreting the mind of the Constitution but also of extending the frontiers of justice. I use just two examples to illustrate the point I am making.

    First, we have the famous story of Rosa Parks whose singular decision on December 1, 1955 not to leave her seat for a white man turned the course of the struggle of black people for freedom. This is one of the events that threw the Rev Martin Luther King into prominence. For, by December 3rd, the bus boycott which would change the tide of history had started.

    Secondly, the Brown vs. Board of Education ruling in 1954 by the Supreme Court, struck down the policy of state segregated education. Other events such as the Civil Rights Act of 1964 followed, but perhaps the case of James Meredith was more phenomenal. An ex air force veteran, he was denied entry into College in Mississippi. He took his case all the way to the Supreme Court whose ruling marked a turning point in the struggle against segregation. It took the courage of both President John Kennedy and his brother, Robert, the Attorney General to enforce the ruling. In the process, lives were lost, but on the day of the enforcement, some 2,500 people turned up to protest. The federal government had to send in some 20,000 troops along with 11,000 National Guards. He finally graduated amidst all the difficulties but his life changed the course of history.

    Finally, the famous I Have a Dream speech contains some assumptions that we have often ignored. The speech was anchored on both the Emancipation Proclamation and the Constitution of the United States of America. What is significant here is the fact that the speech drew its inspiration and a sense of righteous indignation from these two historic documents and the reluctance of the leadership to live by its own laws. He spoke about a promissory note that these documents had promised ordinary Americans but which was not available to the black people. He continued: It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check which has come back marked “insufficient funds.” But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. So we have come to cash this check — a check that will give us upon demand the riches of freedom and the security of justice….Now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice. Now is the time to open the doors of opportunity to all of God’s children. Now is the time to lift our nation from the quicksands of racial injustice to the solid rock of brotherhood.

    From our own Constitution, the provisions of Chapter 2 on the Fundamental Directive Principles of State Policy, should be a basis for stirring up a sense of moral revulsion as to how and why a country so richly endowed could allow so much poverty to continue to exist. It is sad that all we have always said about this very important segment of the Constitution is that it is not justiciable. It is the duty of our lawyers to compel to Judiciary to breathe life into this very significant section of the Constitution. This is the challenge and I do hope and believe that the Bar and the Bench in collaboration can indeed, bring about the realisation of our own promissory note. Thank you very much for your kind attention.

  • Okey Wali thanks God

    Okey Wali thanks God

    • Priest reconciles Amechi, Omehia

    FOR His Grace, Most Revd I.C.O. Katty, Archibishop, province of the Niger Delta, it was high time Governor Rotimi Amechi of Rivers State and his predecessor in office, Chief Celestine Omehia reconciled their seven-year face-off and forged ahead in peace and harmony.

    Most Revd Katty took reconciled the duo at the church of Pentcost (Solid Rock) Akpor Archdeacony, Anglican Communion, Choba road, Rumualogu Port Harcourt, Rivers State, during a thanksgiving service organised by the President of Nigerian Bar Association (NBA) Okey Wali (SAN) penultimate week Sunday.

    To his admonition, Amechi said that he became Rivers State Governor by the grace of God through prayers and what you got by prayers, you sustain with prayers.

    He said that he nursed no grudges against Celestine Omehia

    Omehia in his response told the priest that he would hear from them later, at the insistence of the priest that he spoke to the congregation, Omehia said that he has also forgiven the governor.

    The priest then asked them to shake hands as a sign of their commitment to their statements, and they did this after much hesitation.

    He praised Amechi for attending the thanksgiving service, stating that he least expected the governor at the service because the celebrant, Okey Wali (SAN), was the Commissioner for Justice and Attorney-General during Omehia’s administration. He said Amechi’s presence at service showed that he has a large heart

    Revd Katty said that the time has come for the two brothers, Amechi and Omehia to forgive each other, forget the past and face the future.

    He called them out to the altar before the congregation. He admonished them in righteousness and asked them to forgive one another.

    The thanksgiving service was organised at the instance of Wali. It was attended by prominent sons of Rivers State, Bar leaders and friends of the Wali family including the Chief Judge of Rivers State, Justice Iche Ndu, Commissioner for Justice and Attorney General Rivers State, Wogu Bums and Minister of State for Education, Ezenwo Nyesome Wike.

  • Akeredolu promises to build seaport in Ilaje

    Akeredolu promises to build seaport in Ilaje

    The governorship candidate of the Action Congress of Nigeria (ACN) in the October 20 election in Ondo State, Mr. Rotimi Akeredolu (SAN), concluded his campaign tour of wards yesterday with a promise to transform the riverine areas by building a seaport in Ilaje to boost the economy.

    The ACN standard bearer, his running mate, Dr. Paul Akintelure and other party leaders like Chief Tayo Alasoadura, Director- General of the Akeredolu Campaign Organisation (ACO), Madam Erelu Modupe Johnson, the Women’s Leader, Mr. Wale Omojuwa, Chief Olu Tawose, Chief Ade Odoro among others were given a rousing reception by the supporters.

    The traditional rulers at the event promised to support Akeredolu and his running mate by mobilising their subjects to vote for them.

    The ACO spokesman, Mr. Idowu Ajanaku, said in a statement that he cried because of the environmental degradation he saw during his visit to the Ugbo Constituency.

    He said despite the oil wealth, the people are wallowing in poverty.

    Ajanaku decried the parlous state of the people and identified with them. He promised that they would no longer be neglected if Akeredolu is elected the governor.

    Ajanaku said the electorate are justified to feel cheated by the Governor Olusegun Mimiko-led Labour Party administration.

    The ACO spokesman assured the Ilaje people that under the Akeredolu leadership, the area would be transformed, as the seaport would attract economic activities from the neighbouring countries, which would complement the operations of the Lagos ports.

    “The seaport will serve as a source of income for the government and create jobs for the people,” he added.

    Ajanaku said Akeredolu would fulfil his promise to the electorate and would not abandon projects like Governor Mimiko who could not inaugurate a road in the three and a half years of his administration and who specialised in petty projects, such as building of market stalls, town halls and motor parks, while the rural areas and cities are in deplorable condition despite receiving over N600 billion from the federation account.

     

  • Tinubu, Osoba, Olowude, others pay tributes to ‘a great leader’ Adegbite

    Tinubu, Osoba, Olowude, others pay tributes to ‘a great leader’ Adegbite

    National Leader of the Action Congress of Nigeria, Asiwaju Bola Ahmed Tinubu, Chairman, Industrial and General Insurance plc (IGI) Chief Remi Olowude, former Lagos Deputy Governor Alhaja Lateefat Okunnu were among the dignitaries at the Fidau for the late Secretary-General of the Nigerian Supreme Council for Islamic Affairs (NSCIA), Dr Abdullateef Adegbite. They took turn to eulogise the former Egba High chief.

    They described the Seriki and Baba Adinni of Egbaland as a “great leader.”

    The three-day Fidau organised for the late Adegbite held at the main bowl of Tafawa Balewa Square, Lagos yesterday. The event featured prayers and recitation from the Holy Quran led by Chief Imam of Lagos, Sheikh Garuba Akinola Ibrahim and Baba Adinni of Lagos, Sheikh AbdulHafeez Abou.

    Executive Secretary, Muslim Ummah in Southwest of Nigeria (MUSWEN) Prof Daud Noibi and National Missioner, Ansar-Ud-Deen Society of Nigeria, Sheikh AbdurRahman Ahmad, delivered soul-inspiring lectures before floodgates of goodwill messages opened.

    Those who spoke include; Chairman, Jaiz Bank Alhaji Umar AbdulMutalab; Dr Abdullateef Adetona of the Lagos State University (LASU); Alhaja Okunnu; Asiwaju Tinubu and Amir (President) Muslim Students’ Society of Nigeria (MSSN) Lagos State Area Unit, Alhaji Qasim Badrudeen.

    Tinubu said the deceased contributed immensely to ensure many students acquire education.

    He said: “Dr Lateef Adegbite was a great father, a great brother, a great leader and an icon. He was a man we all must emulate at all time. The simultaneous prayers holding here in Lagos and Abeokuta showed that he had a great exit. This, confirmed the blessings of Allah on him.”

    The former Lagos governor marvelled on the day the Pioneer National President of Muslim Students’ Society of Nigeria (MSSN) answered Allah’s call, describing him as a “rare blessing.”

    Tinubu said: “He died on a great day – Friday and his Fidau is holding today – when Nigerians are marking the 52nd anniversary Independence Day. It is extremely instructive. He was truly, a bridge-builder and fearless fighter of his religion.

    “He related with the Christians, quoting copiously from the Bible to preach tolerance. No doubt, he died well because he lived well. You cannot fault him on uprightness – he says things as he sees it and his judgements were also sound.”

    Alhaja Okuunu described Adegbite as a man with good listening hears and good servant of Allah.

    She said: “He nurtured many of us; as women, he was always there for us. He was extremely accommodating, caring and loving. I do not know anybody who did so much for the society like the late Dr Adegbite.”

    Chief Olowude who saw Dr Adegbite two days before his demise, recalled how the deceased spent long time praying for so many people and Nigeria as a country.

    “He lived a life of a blameless individual. If there is anything called a ‘saint’ he was truly a saint,” the IGI chief said.

    Alhaji AbdulMutalab, who had related with the late Adegbite for 25 years, said he received his death news with a big shock.

    “It is going to be difficult to replace him,” he said.

    Dr Adetona said the deceased wanted nothing but perfection.

    Among the dignitaries at the event include Lagos Deputy Governor Mrs Adejoke Orelope-Adefulire; Minister of Communication Technology Mrs Omobola Johnson; former governors of Ogun and Ekiti States, Aremo Olusegun Osoba and Otunba Niyi Adebayo; former Lagos Deputy Governor Alhaja Sinatu Ojikutu; Chairman, Business mogul Alhaji Aliko Dangote; Mr Goddy Ibru; Chief Rasak Okoya; Secretary to the Ekiti State Government Alhaji Ganiyu Owolabi; Justice Ishola Olorunnimbe; Justice AbdurRashid Sahid; Prof AbdulFatah Mabadeje, his wife Prof Saida; Prof Taofeequat Odutola; Prof Muhib Opeloye; Prof Yahya Oyewole; Prof Is-haq Akintola and hosts of others.

     

  • Businessman sues Airtel for N2b over Sms

    Airtel has been taken to court by an Ibadan-based businessman, Mr. Wole Abisoye, for non-delivery of short messages services (SMS).

    He is claiming N2 billion as damages for the non-delivery of the text messages as “a breach of the defendant’s obligation to him”.

    Abisoye is claiming that Airtel failed to deliver 17 short message services (sms) sent on its network since January 1, 2012.

    In an originating summon filed by his counsel, Luqman Laoye,  Abisoye said he sent New Year messages to 20 of his business associates and clients using his Airtel number but only three of the messages were delivered.

    He said Airtel deducted charges for the 20 messages whereas it failed to deliver all the messages.

    The businessman claimed that he lodged a complaint on the issue to the  company at one of the branches of Airtel in Ibadan which was not attended to.

    He said his  repeated complaints were equally not attended to at the Ibadan office of the telecommunication company.

    Abisoye said his complaints were lodged at Airtel office on Secretariat Road, Mokola, five days after he sent the messages in January, 2012.

    In the statement of claim, also signed by his lawyer, Laoye, the businessman claimed that the non-delivery of the messages has brought him to ridicule and loss of goodwill as his clients and associates ‘have refused to patronise him again, a situation that forced him to instruct his lawyer to sue the company.’

    “The claimant has suffered monumental embarrassment, ridicule, loss of goodwill, trust and confidence from his clients and business associates, who believe he was lying when he asserted that he sent New Year messages to them through the defendant’s network which have not been delivered till date.

    “The claimant had also lost many lucrative businesses from his clients and business associates, who have refused to patronize him again on the promise that, he, the claimant, is not worthy of transacting business with on account of his perceived deceit with respect to the non-delivery of the New Year text messages he (claimant) allegedly sent to his clients and business associates”, Laoye said.

  • Bakassi: Call for revision of icj judgment is ill-informed, misconceived

    Bakassi: Call for revision of icj judgment is ill-informed, misconceived

    The vociferous calls, especially in recent times, for the revision of the decision of the International Court of Justice (ICJ) in the land and maritime dispute between Cameroon and Nigeria in respect of the Bakassi Peninsula and parts of the Lake Chad region is, at best, misconceived and, at worst, panders to fleeting political expedience. In my respectful view, however well-intentioned, it is ill-informed, distracts attention from the core issues and risks aggravating the plight of the Bakassi people.

    II. Background Context

    On October 10 2002, the ICJ delivered judgment in the contentious case between Cameroon and Nigeria (Equatorial Guinea intervening) to the effect, inter alia, that “sovereignty over the Bakassi Peninsula lies with the Republic of Cameroon.” The court further decided that “the Federal Republic of Nigeria is under an obligation expeditiously and without condition to withdraw its administration and its military and police forces from the territories which fall within the sovereignty of the Republic of Cameroon.” This judgment was the culmination of eight years of a legal tussle that began as far back as 1994 when Cameroon sought the Court’s intervention in a dispute between it and Nigeria over the Bakassi Peninsula (and later parts of the Lake Chad area).

    There was feverish anxiety and passionate expressions of nationalism and outrage over the outcome of the case, with several solidarity visits by representatives of the inhabitants of the affected areas to Aso Rock, Nigeria’s presidential villa, in the course of which their speeches were laced with pledges of allegiance to the Federal Republic of Nigeria.

    In my reaction, I faulted the judgment, decried its “Eurocentric” thrust and, inter alia, underscored the imperative need for critical legal scholarship with a view to purging international law of its colonial vestiges (see Dakas, International Law on Trial: Bakassi and the Eurocentricity of International Law (2003), at p. 114). In several journal articles and book chapters, I also examined the consequences of the decision, explored the options at Nigeria’s disposal, the lessons for Nigeria and offered policy and strategic prescriptions (see, for instance, Dakas, “The Decision of the ICJ on Sovereignty over Bakassi: Consequences, Options and Lessons” The Calabar Law Journal, Vols. VI-II (2002-2003), pp. 23-53; Dakas, “The Bakassi Conundrum: What Lessons for Nigeria?”, in D. A. Briggs (ed.), Nigeria in World Politics: Trends and Challenges – Essays in Honour of Major General Joseph Nanven Garba (2005), pp. 159-178; and Dakas, “Dokdo, Colonialism, and International Law: Lessons from the Decision of the ICJ in the Land and Maritime Dispute Between Cameroon and Nigeria”, in Seokwoo Lee & Hee Eun Lee (eds.), Dokdo: Historical Appraisal and International Justice (2011), pp. 91-122).

    The expressions of outrage that heralded the judgment of the Court reverberated on the floor of the Nigerian Senate five years later, on November 22, 2007, when Senator Bassey Ewa-Henshaw and twenty other senators jointly sponsored a motion entitled “Impending Crisis in and Uncertain Fate of the People of Bakassi”. The motion, inter alia, decried the outcome of the case and expressed regret that “[n]otwithstanding the widespread national disaffection and concerns expressed over the ICJ verdict, and despite his own earlier promise not to cede the territory to Cameroon, the former president, Chief Olusegun Obasanjo…signed an agreement at Greentree, New York on June 12, 2006, in which he agreed to surrender the Peninsula to Cameroon.”

    In the intense debate that ensued, several senators bemoaned the plight of the Bakassi people, chided President Obasanjo for unilaterally ceding the Bakassi Peninsula to Cameroon without recourse to the National Assembly and further faulted the cession for having been effected without prior constitutional amendment given that Bakassi Local Government Area (covering the area in issue) is provided for in section 3 of the Nigerian Constitution and expressly listed in the first schedule thereto.

    Following the debate, the Senate resolved, inter alia, that “[t]he signing of the Agreement and cession of the Peninsula on August 14, 2006 to Cameroon was unilateral and against the provisions of Section 12(1) of [the Nigerian] Constitution” which predicates the force of law of an international treaty in Nigeria on its prior domestication vide an Act of the National Assembly. Accordingly, the Senate urged the federal government to “submit the agreement to the National Assembly for scrutiny without further delay” and forthwith stop any further transfer of territory in any part of the country to Cameroon unless and until the National Assembly takes action consistent with section 12 of the constitution.

    It is worth underscoring the fact that the claim that Nigeria could not cede the Bakassi Peninsula without prior domestication of the Greentree Agreement is, with due respect, untenable. The decision of the ICJ is enforceable in and of itself and is, therefore, not dependent on the Greentree Agreement, much less its domestication. Indeed, the Greentree Agreement does not purport to provide any legal basis for the enforcement of the decision of the court. As Article 7 of the Agreement acknowledges, its provisions “shall in no way be construed as an interpretation or modification” of the judgment of the Court. Instead, the Agreement “only sets out the modalities of implementation”.

    On the other hand, the assertion that the Nigerian government could not cede the Bakassi Peninsula without prior constitutional amendment is plausible. However, that argument has relevance only within the Nigerian polity, given that under Article 27 of the Vienna Convention on the Law of Treaties, a State is not at liberty to invoke the provisions of its internal law as justification for its failure to perform its international obligations. Admittedly, Article 27 is without prejudice to Article 46 of the Convention. However, Article 46 is restricted to a situation where a State alleges that its consent to be bound by a treaty has been expressed in violation of a provision of its internal law regarding competence to conclude treaties.

    Nigeria formally transferred authority over the Bakassi Peninsula to Cameroon on August 14, 2006 and relocated thousands of Nigerian nationals in the area to Nigeria. Two years later, on August 14, 2008, Nigeria finally ceded the Bakassi Peninsula to Cameroon. It is regrettable that this occurred in spite of a July 31 2008 Federal High Court order directing the parties (including the Federal Government of Nigeria) in a suit before it to “maintain the status quo.”

    Following Nigeria’s cession of the Bakassi Peninsula to Cameroon, the debate has now shifted to the issue of revision of the judgment, with both chambers of the National Assembly urging the President to ensure that Nigeria applies for revision of the Bakassi judgment.

    III. Why the Call for Revision of the Bakassi Judgment is Ill-Informed and Misconceived

    While the outrage exhibited by many Nigerians, including myself, is understandable, especially where it is driven by patriotic fervour, it must be tempered, as it should, by the sober realization and acknowledgement of the fact that under Article 60 of the Statute of the ICJ, the judgment of the court is “final and without appeal”. In other words, the ICJ is both a court of first instance and last resort. However, provision is made for revision of the judgments of the Court. Under Article 61(a) of the Statute of the ICJ, an application for revision of a judgment may be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the judgment was given, unknown to the Court and also to the party claiming revision, always provided that such ignorance was not due to negligence. Under paragraph (d), the application for revision must be made at least within six months of the discovery of the new fact, while paragraph (e) forecloses an application for revision after the lapse of ten years from the date of the judgment (i.e. October 9, 2012 in the case of the Bakassi judgment).

    Many of those who have called for the revision of the judgment have, with due respect, either not read it in its entirety, read it but not appreciated its import or appear to be oblivious of the stringent requirements of Article 61. Others have predicated their claim on alleged non-compliance with the provisions of the Berlin Act (on the scramble for and partition of Africa); a claim which is, at best, a legal argument. Yet, others have anchored their claim on pre-independence historical facts which, they allege, the Court was not aware of. I have painstakingly examined those claims (which I am not at liberty to reproduce here because of space constraints) and come to the irresistible conclusion that they do not meet the threshold of Article 61. In any event, given that the case lasted eight years, would a diligent litigant not have discovered such facts during the pendency of the case? Is it also the case that these facts were discovered within less than six months ago? In which case they were discovered about ten years after the judgment and about eighteen years after the institution of the proceedings by Cameroon?

    More importantly, those calling for the revision of the judgment ignore the fundamental fact that the maritime component of the judgment (which relates to the Bakassi Peninsula) was not based solely on pre-independence historical facts. Instead, it was, in large measure, predicated on the 1975 Maroua Declaration; pursuant to which Nigeria, the Court held, acknowledged Cameroonian sovereignty over the area. As Judge Al-Khasawneh put it in his Concurring Opinion, “in the period leading to its independence…and since then till the early 1990s, Nigeria, by its actions and omissions and through statements emanating from its officials and legal experts, left no room for doubt that it had acknowledged Cameroonian sovereignty in the Bakassi Peninsula.”

    IV. Way Forward on the Plight of the Bakassi People

    First, the energy and enormous resources – especially in terms of legal costs – that would be dissipated or, more correctly put, wasted in pursuit of a futile attempt at seeking the revision of the judgment should be re-directed to alleviating the plight of the Bakassi people whose situation regrettably remains precarious.

    Second, Nigeria should ensure that Cameroon lives up to its responsibilities under the terms of the GreenTree Agreement; pursuant to which the latter is under an obligation to guarantee to Nigerian nationals living in the Bakassi Peninsula the exercise of the fundamental rights and freedoms enshrined in international human rights law and other relevant provisions of international law. In particular, Cameroon shall: (a) not force Nigerian nationals living in the Bakassi Peninsula to leave the area or change their nationality; (b) respect their culture, language and beliefs; (c) respect their right to continue their agricultural and fishing activities; (d) protect their property and other customary land rights; (e) not levy in any discriminatory manner any taxes and other dues on Nigerian nationals living in the area; and (f) take every necessary measure to protect Nigerian nationals living in the area from any harassment or harm.

    Third, Nigeria can, and should, press for a UN-supervised plebiscite with a view to determining the wishes of the Bakassi people. As Judge Dillard succinctly put it in the Western Sahara Case (1975 I.C.J. 12, 122), “it is for the people to determine the destiny of [a] territory and not [a] territory the destiny of the people.”

     

    •Prof Dakas, a former Attorney-General of Plateau State, is a Senior Advocate of Nigeria and Head of the Department of International Law, Nigerian Institute of Advanced Legal Studies.