Senator Victor Ndoma-Egba, SAN
By Anietie Akpan
Following the ceding of Bakassi to Cameroon through the 2002 judgement of the International Court of Justice (ICJ) and the subsequent implementation of the Green Tree Agreement (GTA) of 2005, so much water had gone under the bridge through the action or inaction and the docile approach of the then government of Nigeria.
Many Nigerians, especially the people of Cross River State have risen and fought for the soul of Bakassi. One of such persons is the Leader of the 7th Senate, Senator Victor Ndoma-Egba, SAN.
Below is what he said on November 12, 2014 on the floor of the Senate in the fight to regain Bakassi or get an adequate compensation for Cross River state from the Federal Government.
Excerpts:
I rise as Victor Ndoma-Egba representing Cross River Central. Cross River state is the immediate victim of the injustice and the high handedness of this issue of Bakassi. When the Distinguished Deputy Senate Leader referred to the minority of minorities, they reside in Cross River, helpless, heartless, unprotected and nearly hopeless people, I rise to second this motion ably moved by Senator Ningi who has consistently demonstrated a pan Nigerian view and a pan Nigerian attitude, I want to commend you. You are indeed a Nigerian.
Mr. President, I was in this Senate when the process of ceding Bakassi commenced. It was in the 5th Senate and I remember that Senator Bassey Ewa Henshaw, a very distinguished Senator and a very distinguished Nigerian, then represented Cross River South where Bakassi belonged to. And I recall that there were three motions moved by Senator Bassey Ewa Henshaw with me as co sponsor urging the Federal Government to tarry a while and consult with this parliament, that never happened.
Mr President, Bakassi was ceded by the Federal Government of Nigeria in-spite of the Senate that has powers to ratify treaties. Bakassi was ceded in-spite of the people of Bakassi who kept protesting but nobody listened because they were the minority of the minorities. Bakassi was ceded in-spite of the protests of Cross River state.
Mr. President at the time of the actual handing over of Bakassi, Cross River state had no governor because the election of Senator Liyel Imoke had been nullified by the Court of Appeal. We had an acting governor and I cried myself hoarse that the ceding of Bakassi will come with very severe security challenges please tarry, slow down let us have a substantive governor in place with enough constitutional authority to meet with whatever challenges that may arise with the handing over of Bakassi. Bakassi was handed over with an unelected governor, an acting governor in place at the time it was handed over. I asked a question what was the hurry?
The issue of Bakassi must go down in the Guiness Book of Records as the fastest compliance with the judgment of the International Court of Justice. They are judgements that were passed in 1930, 1940 that are still pending, what was the hurry? Why were the people of Bakassi so unimportant in this decision? Why was this Senate so unimportant in this decision? We must ask questions, we must continue to ask questions.
Mr President, I said that I come from the state that is the biggest victim of the ceding of Bakassi. When Bakassi was being handed over, during the process, my brother and friend, Chief Bayo Ojo SAN, assured Nigerians that Nigeria was not loosing a single oil well as a result of the loss of Bakassi. Chief Michael Andoaka , then Attorney General of the Federation at the handing over ceremonies, again assured Nigerians that, Nigeria will not loose a single oil well as a result of the loss of Bakassi.
Well in many ways Bakassi is now part of the Cameroons but the 76 oil wells that were ascribed to Cross River state when Bakassi was part of Cross River did not move in the same direction as Bakassi. Bakassi went in one direction, the oil wells went in another direction and that has been confirmed by the Supreme Court of Nigeria. We accept the judgment, we are law abiding people, Cross Riverians are known and famous indeed for being law abiding. We respect the judgement of the Supreme Court. We accept it.
But I would like to use this opportunity Mr President, distinguished colleagues to make this point. Bakassi was not ceded by Cross River. Bakassi was ceded by the Federal Government in-spite of Cross River. The least that the Nigerian state should do for Cross River is to protect Cross River and compensate Cross River and not punish Cross River. We demand protection of the Nigerian state as people who are legitimately Nigerians. We demand protection.
Mr President, if the Federal Government took the Senate President’ cassava farm in Oturkpo, the Federal Government will be under a legal obligation to pay you compensation. In our own case, because we are minority of minorities, the lowest of the low, the land that is not just land, is the heritage of a people, it is their history, their ancestors, their forebears were buried there, we cede the land and the Nigerian state is quiet, not a word about compensating the people of the state. All that we hear is punishment. Mr President, if the Nigerian state can not protect Cross River , let the senate to which I belong protect Cross River.
Mr. President, this calls for a review of our treaty making process. If you look at section 12 of the constitution, this distinguished Senate made up of elected Nigerians, eminent Nigerians in-spite of what some may say, when it comes to treaty making, the Senate is a fate accomplished. That is the executive can go enter into any engagement and just bring the treaty here for us to stamp . In respect of the Green Tree Agreement which concerns Bakassi, this senate has refused to stamp it.
As far as the constitution of this country is concerned, Bakassi still remains part of Nigeria. So I think that we must take the opportunity of this current constitutional review process to have another look at the treaty making process as provided for in section 12 of our constitution. Elsewhere in the United States, the United States government can not enter a major treaty without the senate being part of the process. I think we must be part of the treaty making process of treaty making, there must be that consultation so that we can avoid this kind of complication that we have today.
Mr President in conclusion, people have said must we appeal, what new facts do we have? I think our responsibility stops at taking advantage of the window that the same ICJ act provides. If it allows for an appeal let us appeal, let us do what we ought to do. It will be better for us to say we appealed and we did not succeed than to discover that we may have succeeded and we did not appeal, so let us appeal.
But on a final note Mr President, I believe that I have been loyal to this country, I believe that I am a patriotic Nigerian, I believe that my people are Nigerians, my people have paid a very high price for the unity of this country. The least we ask for is protection of the Nigerian state, at least put us back where we were before Bakassi was ceded, that is the least we demand of the Nigerian state and if you have taken our territory let us discuss compensation.
