Identifier
Created
Classification
Origin
07ABUJA2437
2007-11-23 11:19:00
CONFIDENTIAL
Embassy Abuja
Cable title:
NIGERIAN SENATE CHALLENGING BAKASSI HANDOVER
how-toVZCZCXRO3781 OO RUEHPA DE RUEHUJA #2437 3271119 ZNY CCCCC ZZH O 231119Z NOV 07 FM AMEMBASSY ABUJA TO RUEHC/SECSTATE WASHDC IMMEDIATE 1509 INFO RUEHYD/AMEMBASSY YAOUNDE IMMEDIATE 0188 RUEHZK/ECOWAS COLLECTIVE RUEHOS/AMCONSUL LAGOS 8319 RHEBAAA/DEPT OF ENERGY WASHDC RHEHNSC/NSC WASHINGTON DC RUEAIIA/CIA WASHINGTON DC RUEKDIA/DIA WASHDC RHMFISS/HQ USEUCOM VAIHINGEN GE RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
C O N F I D E N T I A L ABUJA 002437
SIPDIS
SIPDIS
DOE FOR CAROLYN GAY
E.O. 12958: DECL: 11/23/2017
TAGS: PREL PGOV NI CM
SUBJECT: NIGERIAN SENATE CHALLENGING BAKASSI HANDOVER
AGREEMENT
Classified By: Political Counselor Walter Pflaumer for reasons 1.4. (b
& d).
C O N F I D E N T I A L ABUJA 002437
SIPDIS
SIPDIS
DOE FOR CAROLYN GAY
E.O. 12958: DECL: 11/23/2017
TAGS: PREL PGOV NI CM
SUBJECT: NIGERIAN SENATE CHALLENGING BAKASSI HANDOVER
AGREEMENT
Classified By: Political Counselor Walter Pflaumer for reasons 1.4. (b
& d).
1. (U) On November 22, the Nigerian Senate debated and
approved a resolution challenging the validity of the Green
Tree Agreement reached last year between Nigeria and Cameroon
returning the Bakassi Peninsula to Cameroonian sovereignty.
The agreement was intended to put into effect a 2002 ruling
of the International Court of Justice settling a territorial
dispute between the two countries.
2. (U) The Senate resolution resolved to "draw the attention"
of President Yar'Adua "to the fact that the transfer of
Bakassi and other parts of Nigeria to Cameroon under the
agreement of June 12, 2006 without ratification by the
National Assembly as required by section 12 (1) of our
Constitution is unconstitutional." (FYI: Section 12 (1) of
the constitution reads: "No treaty between the Federation
and any other country shall have the force of law except to
the extent to which any such treaty has been enacted into law
by the National Assembly."
3. (U) In a press interview, former Attorney General Bola
Ajibola, who chaired the Nigeria-Cameroon Mixed Commission
which helped resolve the territorial dispute, reacted by
describing the Senate action as "impossible," and based on a
lack of understanding of the status of the Green Tree
Agreement. He added that Nigeria's international image could
be harmed by the Senate's intervention.
4. (C) Senator Nicholas Ugbane (protect) from the ruling PDP
told PolAssistant November 23 that "the intention is not to
void the agreement, but to ensure due process is followed."
He added that the Senate wanted the chance to debate the
agreement, and particularly to address the impact both on
Nigerians who were having to be resettled, and on those areas
which were having to accommodate them.
5. (C) Comment: While we certainly would not downplay the
seriousness of the Senate's action, our sense is that this
issue is likely to take at least one trip to the appeals
court before anything significant happens. We will
nonetheless watch this closely to see if there is any chance
for it to turn out to be more than mere chest thumping by
Senators, 80% of whom are new and still trying to figure out
their roles. We hope to have further discussions with
Senators on this issue next week. End comment.
PIASCIK
SIPDIS
SIPDIS
DOE FOR CAROLYN GAY
E.O. 12958: DECL: 11/23/2017
TAGS: PREL PGOV NI CM
SUBJECT: NIGERIAN SENATE CHALLENGING BAKASSI HANDOVER
AGREEMENT
Classified By: Political Counselor Walter Pflaumer for reasons 1.4. (b
& d).
1. (U) On November 22, the Nigerian Senate debated and
approved a resolution challenging the validity of the Green
Tree Agreement reached last year between Nigeria and Cameroon
returning the Bakassi Peninsula to Cameroonian sovereignty.
The agreement was intended to put into effect a 2002 ruling
of the International Court of Justice settling a territorial
dispute between the two countries.
2. (U) The Senate resolution resolved to "draw the attention"
of President Yar'Adua "to the fact that the transfer of
Bakassi and other parts of Nigeria to Cameroon under the
agreement of June 12, 2006 without ratification by the
National Assembly as required by section 12 (1) of our
Constitution is unconstitutional." (FYI: Section 12 (1) of
the constitution reads: "No treaty between the Federation
and any other country shall have the force of law except to
the extent to which any such treaty has been enacted into law
by the National Assembly."
3. (U) In a press interview, former Attorney General Bola
Ajibola, who chaired the Nigeria-Cameroon Mixed Commission
which helped resolve the territorial dispute, reacted by
describing the Senate action as "impossible," and based on a
lack of understanding of the status of the Green Tree
Agreement. He added that Nigeria's international image could
be harmed by the Senate's intervention.
4. (C) Senator Nicholas Ugbane (protect) from the ruling PDP
told PolAssistant November 23 that "the intention is not to
void the agreement, but to ensure due process is followed."
He added that the Senate wanted the chance to debate the
agreement, and particularly to address the impact both on
Nigerians who were having to be resettled, and on those areas
which were having to accommodate them.
5. (C) Comment: While we certainly would not downplay the
seriousness of the Senate's action, our sense is that this
issue is likely to take at least one trip to the appeals
court before anything significant happens. We will
nonetheless watch this closely to see if there is any chance
for it to turn out to be more than mere chest thumping by
Senators, 80% of whom are new and still trying to figure out
their roles. We hope to have further discussions with
Senators on this issue next week. End comment.
PIASCIK