A CRITIQUE OF THE MECHANISM FOR THE ENFORCEMENT OF INTERNATIONAL COURT OF JUSTICE (ICJ) JUDGEMENT: A CASE STUDY OF CAMEROON vs NIGERIA

A CRITIQUE OF THE MECHANISM FOR THE ENFORCEMENT OF INTERNATIONAL COURT OF JUSTICE (ICJ) JUDGEMENT: A CASE STUDY OF CAMEROON vs NIGERIA

Abstract:

The border relations between Nigeria and Cameroon remains an issue that gives all concerned a task to ponder. It is however clear that the boundary inherited by Nigeria at independence, especially in the Cameroon remains ill-defined. The Northern sector of the boundary has witnessed less problems because of the presence of physical features that were used to delimit the boundary such as mountains, hills, lakes, rivers, etc. Ebeji and Tiel in this sector have sometimes confused the exact extent of the boundary. However, the administrative acumen of the traditional rulers in this sector, coupled with the historical and cultural links between the people of the border area have contributed immensely in averting large scale border clashes. The Southern sector, which is mainly over marshy terrain, is a lot more difficult to mark by physical features hence the frequent border clashes experienced along the area. The economic importance of the oil rich Bakassi Peninsula has not in any way mitigated the problem. Considering the fact that fishing, maritime transport and associated business thrive in this area, border clashes will continue to be experienced even after the judgment of the ICJ. This research was provoked as a result of the myopic and faulty judgment delivered by the International Court of Justice, the gross abuse of human rights of the inhabitants of Bakassi Peninsula who are majorly Efik speaking people of Cross River State of Nigeria; and the way and manner the settlers of the Peninsula were given ultimatum to vacate the place for Cameroonian occupation. The researcher employed the doctrinal methodology and the use of internet; and found that the Green Tree Agreement was not only faulty but a flagrant abuse of the peoples‟ rights. That irrespective of the non-ratification of the Green Tree Agreement by the National Assembly, thus domesticating its application municipally, it does not by any inch remove the obligation placed on Nigeria for total compliance to the ICJ judgment.

A CRITIQUE OF THE MECHANISM FOR THE ENFORCEMENT OF INTERNATIONAL COURT OF JUSTICE (ICJ) JUDGEMENT: A CASE STUDY OF CAMEROON vs NIGERIA