Court Throws out Bakassi Indigenes Suit
Bakassi Indigenes
Tobi Soniyiin Abuja
A Federal High Court in Abuja yesterday struck out the suit filed by ïndigenes of Bakassi in Cross Rivers State seeking an order voiding the Green Tree Agreement (GTA) that Nigeria signed with the Republic Cameroun in 2006, saying it was incompetent.
The GTA officially marked the ceding of the oil rich peninsula to Cameroun by Nigeria and it also gave effect to the 2002 judgment of the International Court of Justice (ICJ) declaring Cameroun as the lawful owner of Bakassi.
The GTA officially marked the ceding of the oil rich peninsula to Cameroun by Nigeria and it also gave effect to the 2002 judgment of the International Court of Justice (ICJ) declaring Cameroun as the lawful owner of Bakassi.
The applicants in a motion ex-parte moved by their counsel, Festus Ogwuche, sought an order of mandamus compelling the Federal Government to, by any means available to it, to repossess, occupy and take full legal and administrative control of the Bakassi Peninsula.
Delivering ruling on the motion ex parte, Justice Gabriel Kolawole held that the reliefs sought by the plaintiffs were political in nature.
He said it was clear that the applicants counsel had a misconception of what he was pleading for.
Delivering ruling on the motion ex parte, Justice Gabriel Kolawole held that the reliefs sought by the plaintiffs were political in nature.
He said it was clear that the applicants counsel had a misconception of what he was pleading for.
He added that the grounds stated by the applicants were not that of public administration but of politics.
Justice Kolawole further held that the ex parte brought by the applicants was not supported by any affidavit which made the application incompetent.
Justice Kolawole further held that the ex parte brought by the applicants was not supported by any affidavit which made the application incompetent.
He held further that the reliefs pleaded in the application bordered more on political doctrine rather than that of public policy, adding that the sacred power of the judiciary would not be drawn into the political arena.
He said: “Applicants motion ex-parte is incompetent because issues brought are political which this court does not have jurisdiction to entertain.
He said: “Applicants motion ex-parte is incompetent because issues brought are political which this court does not have jurisdiction to entertain.
“The application is hereby struck out for lack of jurisdiction.” The applicants had brought their motion pursuant to section 1 of the African Charter on Human and Peoples’ Rights (Enforcement and Ratification Act Cap 10, Laws of the Federation of Nigeria, 1990, as well as Order 34 Rules 1(a), 3(1) and (2) of the Federal High Court Civil Procedure Rules, 2007.
The suit was endorsed by nine executives of Free Bakassi Association, Prince Imoh Ukpa Imoh, Mr Godwin Ukpong, Mr Chritian A. Umoh, Mr Anthony Achibong Ukong, Mr Kingsley Edu, Mr Etim Ekpeyong Ndong, Mr Offiong Anying Ekpeyong, Bassey Okon Osua and Bassey Ikoedem Antiga.
They also sought leave for an order of mandamus, compelling the Federal Government, President Goodluck Jonathan and the Attorney General of the Federation, Mr. Mohammed Adoke, who were all joined as respondents in the suit, to “unilaterally withdraw, rescind, repudiate and/or revoke Nigeria’s obligations under the Green Tree Agreement entered into between Nigeria and Cameroun.
The applicants, argued that the ICJ gave its judgment on the protracted dispute over ownership of the oil rich Bakassi Peninsula, based “on archaic and anachronistic colonial declarations, and communications between colonial officers.”
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