1. 8th, 9th and 11th September 1884, the Kings and Chiefs of Efut, Idombi Tom Shott sign and made declaration that their people and country are subject to the authority and jurisdiction of the kings and Chiefs of old Calabar, that they cannot, therefore, make any Treaty with a foreign power for themselves but that any treaty the said kings and chiefs of old Calabar have made or may hereafter make is and will be binding on them.

2. on 10th September, 1884, Her majesty the Queen of the united kingdom of Great Britain and Ireland with the kings and chiefs of old Calabar signed a treaty of friendship and protection. This treaty covered all the territories under the authority and jurisdiction of the kings and chiefs of old Calabar in which Bakassi was and is one.

3. on 29th April, 1885, in the Anglo-German Treaty of that year both parties agreed that Germany engages not to make acquisition, accept protectorates or interfere with the extension of British influence in the coast of the gulf of guinea between the right river bank of the mouth of the Rio del Rey, and the British colony of Lagos; nor in the interior to the west of the line traced.

4. 1st July, 1890, this treaty further conferment and strengthens the British supremacy over Germany in the Bakassi peninsula as agreed under Gulf of Guinea Rio del Rey creek as follows;

"if having been proved to the satisfaction of the two powers that no river exists on the Gulf of guinea corresponding with that marked on maps as Rio del- Rey to which reference was made in the agreement of 1885 (N0.260), a provisional line of demarcation is adopted between the German sphere in the Cameroon and the adjoining British sphere which, starting from the head of Rio del Rey creek, goes direct to the point about 9081 of west longitude marked "Rapids" in the British Admiralty chart" Article iv (2) No.270.

5. On 14th April 1893, an agreement No.273 was signed between Great Britain and Germany respecting the Rio del Rey on the west coast of Africa at Berlin. As in the previous treaties of 1885 and 1890, the two parties agreed that, from the upper end of the Rio del Rey to the same right bank river of Rio del Rey water way shall be the boundary between the oil river protectorate and the colony of the Cameroon.

In Article III, the Germany colonial Administration further engages to allow any trade settlements to exist or be erected on the right bank of the creek or waterway. And in like manner the Administration of the oil rivers protectorate engages not to allow any trade settlements to exist or be erected on the western bank of the bakassi peninsula from the first creek below Archibong’s village water way.

On December 27, 1899, the United kingdom, (UK) promulgated the southern Nyerw Order In council" which come into force on January 1, 1990. by this promulgation the Niger Coast Protectorate as was renamed in the London Gazettes of May 16, 1893, was transformed into the Protectorate of Southern Nigeria. Bakassi Peninsula was included in this protectorate.

By another order-in-council dated December 16, 1906, Britain made provisions for the administration of the protectorate of southern Nigeria from the colony of Lagos. In the 1906 edition of the British official office list with map attached, Bakassi was shown as part of southern Nigeria.

By the order-in-council of November 22, 1913 the protectorate of northern Nigeria and southern Nigeria were amalgamated into a single protectorate of Nigeria but still separated from the colony of Lagos. The amalgamation came into force on January 1, 1914. But the Anglo-German treaty of 1913 was signed on March 11, 1913. Thus Nigeria as known today was not in existence at the time the controversial Anglo German treaty of 1913 was signed.

As earlier stated the UK and Germany signed what was described as "memorandum of agreement between

the government of greet Britain and Germany for the separation and definition of distinct sphere of action in Africa". In it, the two imperial powers agreed that the boundary between the British sphere of influence and that of Germany in that area was the river Rio-del-Rey. This accorded with the treaties and declaration the UK signed with the kings, chiefs and people of old Calabar. This Anglo German Agreement went further to stipulate that their international boundary was the line running through the right bank of River Rio-del-Rey (backing the estuary and facing the source). This line unequivocally put not only Bakassi Peninsula but also the entire River Rio-del-Rey inside southern Nigeria.

Now to the 1913 treaty. When the kings and chiefs of the old Calabar got wind of the draft 1913 Anglo-German treaty, they not only protested to the UK authorities in Nigeria that she has no judicial or moral right to cede to a foreign power part of the territory of the kings and chiefs of the old Calabar which under treaty, obligations.

The UK agreed to "protect", but also later sent a delegation to London to register further protests and to canvass British members of parliament. Among the MPs convassed was Cathart Wason who in the house of commons asked the colonial secretary; Harcourt in relation to the Bakassi peninsula and the Obong of Calabar delegation to London, whether her majesty’s government proposed to transfer the ownership of any land in southern Nigeria from the native communities to the crown or to dispossess the natives of their land. Harcourt as an agent of government replied "No, sir. The governments have never made and have never entertained and would not entertain such a proposal". That happened July 14, 1913. the Anglo- German. Treaty was signed on March 11, 1913. Within months of entering into that treaty Her majesty’s government denounced it and effectively with withdrew from it. And Germany was never again allowed to re-enter and claim any protectorate over Bakassi peninsula. The alleged Anglo-German treaty of 1913 is not a treaty in force.

Since something cannot emanate from nothing, the 1913. treaty cannot therefore be the judicial basis for a claim to the Bakassi peninsula by Cameroon. Again, the Anglo- German treaty of 1913 was neither ratified by an Act of parliament as provided for by. The British system nor was it assented to by the German houses of parliament as it was the practice. Worst still the 1913 treaty lapsed when Germany lost the first world war and was terminated by the Treaty of Versailles of 1919.

On September 29, 1960, her majesty’s Government promulgated by legal notice No.154 of 1960, the "Rio-del-Rey Port Declaration order" By this order British established a Nigeria port on River Rio-del-Rey. This was done in pursuant to section 6 of the port Act which empowered the governor- General to " Declare any place in Nigeria and any new navigable channel reading into such place to be a post within the meaning of the Act ".

The Location of this part places the Bakassi Peninsula firmly within the territory of Nigeria.

On February 11 and 12, 1961, the united Nations conducted a plebiscite in British administered trust territory of southern Cameroon to enable the people of the area through democratic norms to decide whether they wanted to remain within independent Nigeria or join the French administered east Cameroon. The UK as the administering power promulgated the statutory instrument no. 1655 of 1960 untitled "the southern Cameroon plebiscite order-in-council in 1960". Made on September 12, 1960. Laid before British parliament on September 16, 1960 its date of commencement was October 1, 1960, they very day Nigeria became independent. Thus between September 12, 1960 and October 1, 1960, Her majesty’s government through legislative action, published to the whole world its position loud and clear as regards the Bakassi peninsula. The implications of the actions taken by the majesty’s government are as follows:

1. That the right bank of the River Rio-del-Rey (backing the estuary and facing the source) is the international boundary between Nigeria and the British Administered trust territory of south Cameroon.

2. That Her majesty’s government accepted the sanctity of the 1884 treaties entered into with the kings, chief and people of the old Calabar:

3. That River Rio-del-Rey is within Nigeria territory;

4. That the Bakassi peninsula is within Nigerian territory;

5. That the Anglo-German treaty of 1913 is not a treaty in force;

6. That the people of Bakassi peninsula could not lawfully take in the proposed UN plebiscite of February 11 and 12, 1961.

In 1965, the Nigerian Government initiated a joint commission with Cameroon to settle their ill-defined border, which was giving great freedom of action to smugglers. The process of marking the border was interrupted by the crises of 1966 and the ensuing Nigerian civil war. The Cameroon took some advantage the chaotic situation in Biafra to assert its authority in the disputed coasted region and the Nigeria federal government was grateful that the Cameroon prevented the flow of war material to the secessionists.

In 1970, the Nigerian and Cameroonian government reconstituted the joint commission, which accepted the Anglo-German Agreement visited as its reference point. In April 1971, General Gowon visited Yaoundé and signed charts defining the new maritime boundary as the Ngok/coker line and shortly retracted by the Nigerian Government.

There were series of meetings between Ahidjio and General Gowon in the past years which culminated in the Maraua’s Accord of 1975. This Accord certainly concerned Cameroonian sovereignty over Bakassi but was not ratified as required by Nigerian constitution, two months later Gowon had been ousted by Gen Murtala Mohammed whose supreme military council the highest policy making and governing body of federal republic of Nigeria refused to ratify it. Gen. Mohammed subsequently repudiated the Maraua accord. His successor, General Olusegun Obasanjo repeated the repudiation in August 1977. it was also rejected by the democratically elected government of president Alhoji Shehu Shagari. Furthermore, the then Nigeria minister of external affairs, Prof. Bolaji Akinyemi, in the punch newspaper publication of August 11, 1981 referred to the "1975 Maraua declaration as not binding on Nigeria.

These discussions had little real effect, however, and the inhabitants of Bakassi continued to protest to the Nigerian authorities in Cross River State about the exactions of Cameroonian gendarmes who were demanding payment for fishing licenses. Later, raids by the gendarmerie were evidently more violent, involving looting, rope, seizure of outbound engines and boats, setting ablaze fishermen huts. Shooting to maim and kill innocent’s fishermen and the destruction of fishing equipment. The situation continues unabated.

In May and June 1991, the Cameroonian gendarme’s entered nine fishing villages, hoisted their national flag and announced that they were renaming the settlements. They demanded the payment of taxes and promised to provide health and education facilities.

By January 13, 1994, the joint commission was again In session but the end of the month the fishing communities were bombarding Calabar and Abuja with requests for assistance against the Cameroonians. In early February 1994, more than 18.000 people the fled into Cross River State.

On February 18, 1994, the Cameroonians claimed to have come under concerted attack as Nigerian Forces attempted to cut off Bakossi from the mainland.

President Paul Biya immediately announced that he was appealing to the UN Security Council, the international court of Justice and the OAU, to intercede. On March 16, 1995, Cameroon approached and presented its documents to ICJ. Cameroon intended to use theses international bodies to confirm its ownership of Bakassi as reflected in the Anglo-German Agreement of 1913, the 1961 referendum and Marous Declaration 1975.

Nigeria was given nine (9) months to prepare its response she afterwards made its submissions. Countering all issues raised in their summons.

On October 10, 2002, the international court of justice (ICJ) seated at Hague in the case concerning the land and maritime boundary between Cameroon and Nigeria (Cameroon Vs Nigeria) (Equatorial Guinea intervening). Finally ruled in the long drawn legal battle. The court refused to recognize the international status of the kings, chiefs and people of old Calabar and the 1884 treaty of friendship and protection which they signed with Britain. That treaty did not give the British power to alienate all or any part of the land which they were supposed to protect. The protectorate included Bakassi peninsula. This is what they claimed to have done in 1913 when great Britain allegedly ceded Bakassi to Germany. The court in disregard of the inalienable rights of the kings, chiefs and people of old Calabar to their land and ancestral homes, upheld the Anglo-German treaty of 1913 by which Britain ceded the Bakassi peninsula to Germany. This treaty was essentially the basis of the judgment giving sovereignty over Bakassi peninsula to Cameroon. The court, without any justification whatsoever, failed or refused to follow its own precedent set in the Advisory opinion on Western Sahara where it recognized the Local people’s possession and title as superior to other forms of title. The case of Bakassi, the root of title belongs to the kings, chiefs and the people of old Calabar.

It is observed with dismay that due to purely political reasons, the court needed by a French president, uphold a legal position which is contrary to all known laws and conventions thus legitimizing and promoting the interests of former colonial powers at our expense. The French president of the court and the English and German judges should have disqualified themselves since the countries which they represent are, in essence, parties to the action or have substantial stokes. These judges, as citizens of the colonial powers whose action had come under scrutiny, have acted as judges in their own cause and thereby rendered their judgment virtually null and void.

We do no accept that a protectorate treaty made without jurisdiction should take precedence over a community’s title rights and ownership existing from time immemorial Great Britain could not have given to Germany what it did not have. For a stronger reason, what Germany did not have could have been transferred to Cameroon.

In the light of the above, the so called cession of Bakassi to the Germans in 1913 was obviously a nullity for "nemo dat quod non habet", that is, "no one can give what he does have". Consequently all the agreements built on this false foundation, including the so called 1971 Yaounde Agreement and the much talked about Maroua Declaration collapse with the false foundation, for as lawyers are fond of saying, you cannot build something on nothing.

When the chiefs of old calabar traveled all the way to London to protest against the treaty, the colonial secretary declared in parliament that the treaty did not affect the status of Bakassi. No title was transferred to Germany. Why on earth the court ignores this basic principle? A judgment based on a non-existing treaty is itself obviously void. Unfortunately there is no higher court to review the judgment of ICJ.

"Copious legal documents relating to this case could be obtains from ICJ headquarters, Hague"

Nigerians national Efik from the Efik tribe of Cross River State in Nigeria nation whose religion is Christianity and traditional worship. Bakassi peninsula is the ancestral home of the minority indigenous people of Efik. The kings, chiefs and people of old Calabar (Efik) entered into a treaty of friendship and protection in 1884 with great Britain, the imperial power, who later used their might to cede their territory. Bakassi peninsula to Germany in what is known today as Anglo- Germany Treaty 1913 without the consent of the kings, chiefs and people of old Calabar. This is clear case of the strong suppressing and victimizing the weak because they felt that they are minority and indigenous people whose status is unrecognized by international powers.

Bakassi peninsula is neglected and recklessly abandoned. No road network, no portable water, no electricity, no means of communication, no standby ambulance boat for emergencies

The Cameroon Government filed their documentation complaining about Nigerian incursion into their land to United Nations international court of justice, ICJ in 1994. Cameroon’s claims against Nigeria are:

i) Sovereignty over the Bakassi peninsula by this they claim from the Akpayofe River i.e. the river that abuts Ikang in Akpabuyo local government area and empties into the Rio del Rey. In effect they claim that the waters up to the Bight of Bonny belong to Cameroon.

ii) That serious prejudice caused by Nigerian aggression and occupation of Bakassi Peninsula constitutes state responsibility on the part of Nigeria for which Cameroon’s is entitle to reparation the basis of the Cameroon claim with regard to the Bakassi sector of the Boundary were:

i) The Anglo-German treaty of 1913 in which it was agreed that the sphere was the Akpabuyo River which abuts Ikang.

ii) This extension of the German sphere of influence was further confirmed by treaties entered into

in 1971 and 1975 (Gowon/Ahidjo) between Nigeria and Cameroon.

ledum@phca.linkserve.com

Dear Sir,

Greetings from Comrade Edem Okon Edem the Programme coordinator of Akpabuyo Bakassi Green Movement(ABGREMO) who you met on Monday at the Publish What You Pay campaign in Port Harcourt.

Sir arising from our brief discussion on the Bakassi issue, I hereby attached as email attachment the real truth of the Bakassi peninsula issues which never appear during the ICJ judgment.

We in ABGREMO are seeking advice from you and any possible assistance to chanel our request for SELF DETERMINATION to the United Nation and United Nation Human Rights commission which you said are due to sit on this March.

Please send to us avenues to channel our request for self determination and groups that can support our course.

we intend to organize a symposium on Bakassi Self Determination for our people and for the general public, we need some financial support to this symposium.

Considering the limited time for us to present our request to the UN as you said we look forward to reading from you soon on the above issues. Thanks

Yours in the struggle

Edem Okon Edem

Coordinator

ABGREMO/Campaign for Bakassi Self-Determination.