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ABSTRACT
The discovery of oil reserves in the water surrounding Bakassi peninsula subjected it to claims and counter-claims for sovereignty, military occupation and recourse to the International Court of Justice (ICJ) on March 1999. Then on October 2002 ICJ delivered its judgment that sovereignty over Bakassi did rest with Cameroun.
The growth of the nation of sovereignty and the independent nation
state require an acceptable method whereby interstate relations could be
conducted in accordance with commonly acceptable standard of behavour,
and international law. Subsequent to the resolution of the dispute over
land maritime boundary between Nigeria and
cameroun, Nigeria Government was faced with the problem of resettling
Nigeria in the Bakassi peninsula. Therefore the aim of this study is to
examine
the present legal right and sovereignty of Nigeria in the affected
area. This research will examine the resolution of the International
Court of Justice on the Nigeria-cameroun boundary dispute with a view to
pointing out the effects of international law and state sovereignty on
the said resolution. This work therefore is a product of the study of
the role of ICJ in the Nigeria-Cameroon boundary
dispute. To this effect, we ascertained how the implementation of ICJ
adjudication on the Bakassi peninsula undermined the human right of
Bakassi citizens. How economic interest of Nigeria and Cameroon
undermined the peaceful settlement of the Bakassi Peninsula border
conflict. We employed the David Easton systems
theory as our analytical framework to provide a conceptual foundation
for the study. Our method of data collection and analysis are
qualitative and qualitative descriptive method
respectively. In the
final analysis, we posited facts presented by both parties the conduct
of plebiscite that will take into cognizance the human right of the
Bakassi, citizen would have been more effective in the settlement of the
dispute. Moreso ICJ taken into congnize of all treaties as concerned
Bakassi Peninsula issue would have guranted fair hearing which is the
cardinal principle of law. Thus the ICJ ignored all these treaties and
only relied on 1913 Treaty and Hendersoon Flenrian exchange of notes in 1931 on Bakassi judgment.
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