The Cameroon/Nigeria land and maritime boundary
The land and maritime boundary dispute between Nigeria
and Cameroon arguably represents proof that a conclusive
ICJ judgment does not always amount to the end of a border
conflict. Despite the conclusion of the case in 2002, the
dispute, particularly as regarding the Bakassi Peninsular,
remains a contentious issue in Nigerian/Cameroonian
relations.
The origins of the dispute lay in the complicated
colonial relations between the French, German and British
Powers present in West Africa in the late 19th and early
20th centuries, treaties with local chieftains and tribal
leaders, and attempts to delimit the territories of British
Cameroon, French Cameroun, and German Kamerun.
Post-colonial Nigeria and Cameroon signed declarations on
their maritime boundary in 1971 and 1975, however, Nigeria
failed to ratify the agreement.
In 1981 fighting broke out between the two countries,
based both on the peninsular and around Lake Chad, with
further fighting breaking out in the early part of the next
decade. In 1994 the case was brought before the
International Court of Justice, and the Peninsular awarded
to Cameroon – a decision based largely on turn-of-the
century Anglo-German correspondence which, the court said,
established that the boundary lay to the west of the
peninsular.
In arguing its case, Nigeria said that its historical
claim (peaceful possession coupled with acts of
administration) represented a manifestation of sovereignty
over the peninsular. Nonetheless, the Court held that such
acts could not replace “modes of acquisition of title
recognised by international law,” and that Cameroon held
pre-existing title.
In its judgment, the court said that those inhabitants
of Bakassi that considered themselves to be Nigerian were
not obliged to change their nationality; nor were they
required to move away from the Peninsular (although many
subsequently have, a “new Bakassi” having been created on
the Nigerian side of the border.)
By 2006 the dispute appeared to have largely been
resolved despite an attempt to create a breakaway Bakassi
state supported by militant groups. UN Secretary General
Kofi Annan brokered talks between the two sides leading to
an agreement that Nigeria would withdraw its presence by
the end of 2008.
But the outcome remains unpopular in Nigeria, and in
2007, the Nigerian Senate ruled that the handover was
unconstitutional and hence illegal, however, it appears
that both sides are in reality attempting to normalise
relations and adapt to the new reality.