The Chairman of the Nigeria-Cameroun Mixed Commission, Prince Bola Ajibola, on Thursday said it was too late to reverse the handover of Bakassi Peninsula to Cameroun.
He reminded those criticising the action that the judgment of International Court of Justice was superior to the Nigerian constitution.
Ajibola, who spoke with journalists after a meeting with President Umaru Yar’Adua in Abuja, advised Nigeria to put its house in order.
Ajibola, a former Attorney-General of the Federation and Minister of Justice, was a judge of the ICJ when the judgment on Bakassi was given on October 10, 2002, in The Hague, Netherlands, in favour of Cameroun.
He also headed the Nigerian delegation to the Mixed Commission which came up with the Green Tree Agreement on the transfer of the oil-rich Peninsula.
But on November 22, 2007, the Senate rejected the handover of Bakassi.
It said that former President Olusegun Obasanjo acted unilaterally and contrary to the 1999 Constitution.
The decision was welcomed by many Nigerians, including a former AGF and Minister of Justice, Chief Richard Akinjide (SAN).
On Wednesday, Obasanjo said he informed the National Assembly of the agreement to cede Bakassi to Cameroun.
His claim was, however, countered by the former President of the Senate, Chief Ken Nnamani.
But Ajibola said the ratification of the agreement by the Senate was a formality.
He said that Nigeria was bound to comply with the agreement it entered into with Cameroun.
Ajibola said, “The “Senate is aware of the fact that it has failed to do what it ought to have done and that is what it should do now.
“The Senate is aware of the action that has been taken by the Federal Government on this matter and it is for it to do the ratification.
“The ratification is just a matter of process bringing in what has been internationally endorsed and agreed to and it is binding in accordance with the Vienna Convention on Treaties.
“For example Cameroun has nothing to do by what we are doing. But Nigeria should try to put its own house in order. And that would not stop the procedures going on outside there.
“As of today, we have people working on the field concerning demarcation. There is nothing that would stop that assignment. It is a matter of ensuring that what you are doing is just put in order.”
Ajibola also said that the decision to cede Bakassi was communicated to the Senate by Obasanjo through a letter dated June 15, 2006.
He said, “The letter was adequately communicated to the Senate, the Speaker of the House of Representatives, the Attorney-General of the Federation, the Cross River State Governor, the Minister of Internal Affairs and the Minister of Foreign Affairs.
“Let me read the law to you. No treaty between the federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly. This is our domestic constitution. This is the constitution in Nigeria.
“When it comes to the matter of implementing an international decision, this would not be an impediment against that decision or judgment. It would still be acted upon.
“The fact that you have not done your homework notwithstanding, you just have to go and do your homework.”
Quoting Section 12 of the constitution, Ajibola said, “Not doing what they (Senators) should have done was not the fault of the commission and that of the President but that of the National Assembly.
“If it is not done, it is just the domestic problem of Nigeria.
“Internationally, we have committed those who are involved in this kind of matter. We cannot approbate and reprobate at the same time.”
He named the United States, Britain, Germany and France as countries that stood as witnesses in the June 12, 2006 GTA supervised by the United Nations.
Ajibola said the integrity of these countries could not be taken for granted.
He said that Yar’Adua would have the ‘issue discussed with the Senate.’
The former AGF said, “I think they would cooperate. It is a matter of procedures it is a matter of ratification. It is a matter of bringing in what has been agreed outside.
“It is a matter of what we have agreed to do that is already done. It is a kind of formalisation and that would be taking good care of. We would explain the situation to the National Assembly, the Council of State and especially the Senate.”
He said that international law emphasises that, ‘once you send somebody out to speak for and on behalf of your country, whatever he says is the position of that country.’
He explained that Yar’Adua was of the view that ‘we need to explain everything we have put in the GTA to Nigerians so that they could understand our position on this matter.’
“The President has made it clear that arrangement must be made for the people of Bakassi and the issue of re-settlement would now be made very proper,” he added.
He said that there would be creation of a settlement area for the people of Bakassi.
By Emma Anya
The Punch
Friday, November 30, 2007
