BAKASSI: NIGERIAN FEDERAL COURT ISSUES INJUNCTION

C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 001494

SIPDIS

STATE FOR AF/W, INR/AA
DOE FOR GEORGE PERSON

E.O. 12958: DECL: 06/20/2018
TAGS: PREL PBTS PHSA PGOV NI CM
SUBJECT: BAKASSI: NIGERIAN FEDERAL COURT ISSUES INJUNCTION
ON HANDOVER

Classified By: Political Counselor Walter Pflaumer for reasons 1.4. (b
& d).


1. (C) SUMMARY: On July 31, a Federal Court in Abuja issued
an injunction to postpone the August 14 scheduled handover to
Cameroon of the disputed Bakassi Peninsula, pending
resolution of a suit to stop the transfer or compensate
residents. Senator Jubril Aminu (strictly protect),Chair of
the Senate Foreign Affairs Committee, expressed doubt that
the Abuja Federal Court had jurisdiction to issue such an
order, and noted GON commitment to the International Court of
Justice decision. Aminu noted Navy concerns over the
delineation of the nautical boundary, and its potential
implications for maritime navigation. MFA Central Africa
Director Tony Eze (strictly protect) told A/DCM his
instructions were to proceed with plans for the final
handover. It remains our sense that this is primarily
political posturing by those seeking increased compensation
for Bakassi residents or political advantage. END SUMMARY.



2. On July 31, a Federal Court in Abuja issued an injunction
to postpone the August 14 scheduled handover to Cameroon of
the disputed Bakassi Peninsula. Justice Mohammed Umar
ordered the Federal Government to postpone transfer of the
peninsula until a case filed by a group of Bakassi residents
to halt the transfer of sovereignty or compensate residents
is decided by the court. The original suit has asked for 456
billion naira (US $3.9 billion) in compensation for the
residents of Bakassi. The judge adjourned the case until
October 20.


3. (U) Senator Bassey Ewa-Henshaw (PDP-Cross Rivers South)
whose district includes Bakassi was quoted in the July 31
Guardian newspaper as saying "It is clear that the People of
Bakassi, and indeed Nigerians, were deeply wronged in the
Greentree Agreement. This must be publicly acknowledged. My
feeling is that we are the unfortunate victims of high-wire
international politics and conspiracies which have to do with
oil and gas resources in the area."


4. (C) PolOff spoke with Senator Jubril Aminu, Chair of the
Senate Foreign Affairs Committee (and former Ambassador to
the U.S.) on August 1, who expressed doubt that the court had
jurisdiction to issue such an order. Aminu characterized
Ewa-Henshaw as "an impossible character" who in his view was,
along with his predecessor as Senator representing Bakassi,
Florence Ita-Giwa, engaging in political posturing. (Note:
Ita-Giwa, a close associate of former President Obasanjo, was
recently removed from her position as Special Adviser to the
President for National Assembly Matters. End note.) Aminu
commented that the only "restraining factor" on Ewa-Henshaw
was newly indicted and now former Cross Rivers Governor Liyel
Imoke, whom he hoped would eventually return. According to
Aminu, Imoke and the Obong of Calabar, the supreme
traditional ruler in the area, "have very realistic
attitudes" about the transfer of Bakassi. Aminu also said
that Presidency officials to whom he had spoken about the
issue (he did not specify whom) realized that "we are not in
the driving seat" on this issue, and were committed to
respecting the International Court of Justice (ICJ) verdict.


5. (C) Aminu also said that his Senate Foreign Affairs
Committee was preparing to issue its report on the Bakassi
transfer, which he characterized as generally supporting the
handover. Aminu did note, however, that the Navy has
complained that nobody consulted it on the matter, and that
there were maritime considerations to be addressed.
According to Aminu, the Navy complained that the survey team
which delineated the sea boundary through part of the Cross
River estuary (the "Ngu-Coker line") did not fully take into
account hydrographic surveys pertaining to the depth of the
waterway. The Navy alleges that the portion of the channel
in Nigerian territorial waters is too shallow to allow
commercial vessels to reach the Port of Calabar and Naval
vessels to reach the nearby base, requiring them to pass
through Cameroonian territorial waters. This, the Navy
claims, would require all shipping activity to Calabar to be
dependent upon clearance from the government of Cameroon.

ABUJA 00001494 002.4 OF 002


(FYI: Post's Defense Attach Office and the Maritime
Assistance Officer (MAO) will follow up with contacts in the
Nigerian Navy and Defense Intelligence Agency (DIA) personnel
formerly in Calabar to find out if the Navy has, in fact,
raised such concerns. End FYI.)


6. (C) In an August 1 conversation with A/DCM, MFA Central
Africa Director Tony Eze said his instructions were to
proceed with plans for the final handover of Bakassi to
Cameroon on August 14. He had seen no/no indication of any
intention by the GON to delay the handover.


7. (C) COMMENT: It remains our sense that this is primarily
political posturing by those seeking increased compensation
for Bakassi residents from the GON or political advantage for
themselves. Post notes that estimates of the numbers of
persons displaced by the transfer, or otherwise affected,
have varied wildly. We also note allegations first made in
December 2007 that a sum of US $40 million previously
earmarked for the resettlement of Bakassi residents went
missing, and has never been accounted for. END COMMENT.
PIASCIK