Cameroon-Nigeria land & maritime boundary
The land and maritime boundary dispute between Cameroon and Nigeria arguably
represents proof that a conclusive International Court of Justice judgment does
not always amount to the
end
of a border conflict. Despite the conclusion of the case in 2002, the dispute,
particularly as regarding the Bakassi Peninsula, remains a contentious issue
in
Nigerian/Cameroonian relations.
The origins of the dispute lay in the complicated colonial relations between the
French, German and British powers present in West Africa in the late 19th and
early 20th centuries, treaties with local chieftains and tribal leaders, and
attempts to delimit the territories of British Cameroon, French Cameroun, and
German
Kamerun. Post-colonial Nigeria and Cameroon signed declarations on their
maritime boundary in 1971 and 1975, however, Nigeria failed to ratify the
agreement.
In 1981 fighting broke out between the two countries, based both on the
peninsular and around Lake Chad, with further fighting breaking out in the
early part of
the next decade. In 1994 the case was brought before the ICJ, and the
Peninsular
was awarded to Cameroon – a decision based largely
on
turn-of-the century Anglo-German correspondence which, the court said,
established
that the boundary lay to the west of the peninsular.
In arguing its case, Nigeria said that its historical claim (peaceful possession
coupled with acts of administration) represented a manifestation of sovereignty
over the peninsular. Nonetheless, the Court held that such acts could not
replace “modes of acquisition of title recognised by international law,” and
that
Cameroon held the pre-existing title.
In its judgment, the court said that those inhabitants of Bakassi that
considered themselves to be Nigerian were not obliged to change their
nationality; nor
were they required to move away from the Peninsular (although many subsequently
have, a “new Bakassi” having been created on the Nigerian side of the border.)
By 2006 the dispute appeared to have largely been resolved despite an attempt to
create a breakaway Bakassi state supported by militant groups. UN Secretary
General Kofi Annan brokered talks between the two sides leading to an agreement
that
Nigeria would withdraw its presence by the end of 2008.
But the outcome remains unpopular in Nigeria, and in 2007, the Nigerian Senate
ruled that the handover was unconstitutional and hence illegal, however, in
reality it
appears that both sides are attempting to normalise relations and
adapt to
the new reality.
Full summary of ICJ Judgement
For documents relating to this case, see the Menas Borders eLibrary.
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