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Bakassi: Critical look at the Green Tree Agreement [Newspaper Article]

Egede, Edwin 2008. Bakassi: Critical look at the Green Tree Agreement [Newspaper Article]. Nigerian Daily Independent , n/a.

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Abstract

I have taken a keen interest in the ongoing debate on the issue of the Bakassi Peninsula and the contention by the National Assembly that the former President, President Olusegun Obasanjo, contrary to section 12 of the 1999 Constitution, failed to involve it in the ratification process of the Green Tree Agreement, a treaty between Nigeria and Cameroon. This Agreement is intended to implement the judgement of the International Court of Justice (ICJ) delivered on 10 October 2002 that, amongst other things, awarded the ownership of Bakassi Peninsula to Cameroon [See Land and Maritime Boundary between Cameroon and Nigeria, ICJ Reports (2002), 303]. Article 1 of the Agreement states: “Nigeria recognises the sovereignty of Cameroon over the Bakassi Peninsula in accordance with the judgement of the International Court of Justice of 10 October 2002 in the matter of land and maritime boundary between Cameroon and Nigeria. Cameroon and Nigeria recognise the land and maritime boundary between the two countries as delineated by the Court and commit themselves to continuing the process of implementation already begun.” The National Assembly appears to rely heavily on section 12 of the 1999 Constitution in arguing that the Green Tree Agreement should have been referred to it for ratification, and the failure to do so would make the Agreement unconstitutional, null and void. I am afraid this position would appear to be a misconception of the legal effect of section 12, especially as regards the distinction between treatymaking and implementation, and the dual nature of Nigeria’s obligation – its obligation under international law and national law. This write up seeks to contribute to the clarification of this misconception.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Department of Politics and International Relations (POLIR)
Subjects: D History General and Old World > DT Africa
K Law > KZ Law of Nations
Additional Information: The publishers are a popular newspaper in Nigeria; one of the States in the Bakassi case decided by the International Court of Justice in 2002
Publisher: Nigerian Daily Independent
Related URLs:
Last Modified: 05 Jun 2017 03:58
URI: http://orca.cf.ac.uk/id/eprint/46545

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