Bakassi Handover & the White Wig-Wearing Worthless SANs

Posted by admin Columnists, P Wednesday, December 22nd, 2010

By Phil Tam-Al Alalibo, New Nigerian Politics – August 14, 2008

As the world now knows, Nigeria has forever lost the oil-rich Bakassi Peninsula to Cameroon, Nigeria’s ever-so loving neighbors. This was the end result of the ruling of the International Court of Justice (ICJ) seating more than 4,000 miles away in The Hague, Netherland. The Court ruled that the disputed territory, over which both countries have variously flexed their military muscles, belongs to Cameroon. This perturbing and seemingly ill-informed verdict was summarily handed down during Obasanjo’s reckless tenure and his ‘area-boy’ administration wasted no time in declaring that it would abide by the ruling.

This was a very curious position of this renegade regime which never respected verdicts that originated from Nigerian Courts, but was quick to acquiescent to one that commanded him to part with a piece of Nigerian territory.

We know that Obasanjo’s administration has been delinquent on a number of judgments rendered by Nigerian courts so why the rush to implement the World Court’s verdict, a court whose decisions are far more worthless than the paper on which they are written.

Lest I be misconstrued, I must state that I do not advocate lawlessness as Nigeria, being a member of the international community must obey and respect the norms of such a community. Having said that, we must put this verdict in perspective and question the jurisdiction and reach of the World Court. This was the same court whose judgment against the US in the case of United States versus Nicaragua was blatantly ignored by the US as though it did not exist. This was the same court whose opinions on a stay of execution of Jose Medellin, the condemned murderer in Texas was flagrantly ignored as the state on August 5, 2008, proceeded with the execution of the condemned Mexican citizen. This is the same court whose judgments against superpowers and other Western nations have never been reckoned with or heeded.

Therefore, the question looms, why is Nigeria so eager and keen to give away a piece of its territory on the strength of a judgment influenced by France, Britain and the United States, all of whom conspired to ensure that Nigeria cede the territory to Cameroon? If Nigeria has been a law-abiding country before the verdict, one would have understood, but here is a country that constantly violates the rights of its citizens through unprovoked military invasions, extra-judicial murders and total annihilation of villages and towns tripping over itself to heed the verdict of five men in funny robes. It is as if Nigeria was all too glad to part with Bakassi – “Handover is a must, there is no going back”, said Yar’Adua. Should this be the temperament of a president about to lose a rich portion of his territory to another country? Shouldn’t he be remorseful at the very least? Indeed, we can now see the caliber of eaders we are saddled with; visionless, hopeless and utterly self effacing.

It becomes an obnoxiously vexing matter to learn that Cameroon, a nation of less than 30 million citizens, with far less educated citizenry than its more affluent neighbor was able to outwit “big” Nigeria at the World Court reminiscent of the Biblical David-Goliath episode. All this, in spite of the million and one so-called Senior Advocates of Nigeria or is it Naira (SANs) that profusely litter the legal landscape, holding big briefcases that appear to contain law libraries. They walk around in alien colonial robes with white wigs spread on their heads in the hot Nigerian sun. Imagine a black man wearing a white wig wished on him by vestiges of colonialism in a weather that is hotter than hell. Imagine further a black man with natural black hair cascading in white wig like an irredeemable deranged lunatic trying hard to mimic a British Queen Council. They disturb us with their seemingly endless “isms”, big grammar here, and big grammar there.

They say we must address them by their titles, “Michael Aondoakaa, SAN”, “Babatunde Fashola, SAN,” “Richard Akinjide, SAN”, they ensure that their title is clear and in bold, leaving no doubts as to their calling. But when the unique opportunity came for these SANs to prove their worth, their mantle, their intellectual and legal prowess and save the country this confounding humiliation suffered today as a result of the ICJ judgment implementation, they fell woefully and embarrassing short to a less fancied country with no SANs to boast of. It is indeed an aberration, a sad commentary on the dearth of legal luminaries of international standing and competence in that country. Are the SANs only competent within the boundaries of Nigeria?

Today’s handover of this disputed land further underscores the point that Nigeria, though bigger in all regards, would remain subservient like an indentured servant to its tiny neighbors. It’s as if Cameroon has a spell on Nigeria; for it has proven beyond reasonable doubts that Nigeria cannot outwit it no matter the sphere of life be it in the legal realm or in sports. Even in football, that tiny nation has bequeathed Nigerians so much pain, did I say anguish, as it has been lifted to glory at the full expense of Nigeria on three occasions better forgotten and wiped off our collective memories. Lest we forget, it was in the 2000 edition of the African Nation’s Cup that Cameroon lifted it’s 3rd continental trophy at the now defunct National Stadium in Lagos after defeating Nigeria on controversial penalty kicks.

Before that, some of us still remember, albeit quite unfortunately, that the same tiny nation humbled an entire nation, the largest black nation in the world, when it defeated it in far-away Rabat, Morocco in the finals of the 1988 edition of the African Nation’s cup by a 1-0 margin. This came on the heels of a most painful 3-1 defeat four years earlier in Abidjan, Ivory Coast in the finals of the same competition. Now, that tiny nation has extended its winning streak to the court room, serving up a pretty sultry case that the SANs of Nigeria, in spite of the white ‘wiggy’ magic, could not withstand. Of what use then are these SANs to the nation?

Today’s action by the Federal Government of Nigeria portrays a colossal betrayal of a people, their beliefs and originality. How could a nation turn its back against its people in the name of heeding a verdict rendered 4,000 miles away? Which is the greater moral sin; not to obey a World Court verdict or to forsake its citizens and eject them from their ancestral land? History is replete with instances of nations expanding in territory over time, we cannot go back to redress all claims of land ownership put forth by nations of the world. We must ask some very pertinent questions – has the World Court asked the United States to handover California, Texas, Arizona and New Mexico to Mexico? Has the World Court given Iraq the land that is currently Kuwait because it was once part of Iraq, a claim that precipitated the first Gulf War? And if the World Court sitting comfortably in The Hague in its infinite wisdom renders judgment today that indeed, those four American states belong to Mexico and should be handed over forthwith, would the United States comply?

Today, Nigeria died with the reckless and dispassionate severance of ties with Bakassi. May God forgive our leaders for this unpardonable gaffe.wp_posts