ATTORNEY-GENERAL’S CHAMBERS
LAGOS
12517 Bo.16/S.3/60
ATTORNEY
3rd September, 1970
20075.
Dr. O. Arikpo
Commissioner for External Affairs
Ministry of External Affairs
Lagos.
Dear Dr. Arikpo,
Nigeria-Cameroon Border Delimitation They recall recent developments in Nigeria-Cameroon relations regarding the disputed Bakasi Peninsula, particularly the work of the Nigeria-Cameroon Joint Boundary Commission since August 12-14 Meeting in Yaoundé in 1970. This Ministry has examined the entire matter very carefully in the light of all available evidence and has concluded that there was no legal basis for Nigeria’s claims to the Bakassi Peninsula for the reasons set out herein . 2. Nigeria is required to comply with a number of pre-independence treaties and other international agreements adopted by Great Britain from the exchange of notes of 1 October 1960 between ourselves and Great Britain on treaty obligations. From the following agreements relevant to the present case, which bind Nigeria and which must be read together, it is clear that the peninsula belongs to the Cameroonians because the international border ran through the thalweg on the Akpa-Yafe River , which adjoins the Bakassi peninsula the Cameroon side of the border: , (i) Article 21 of the Agreement between Great Britain and Germany, signed at London on March 11, 1913; (ii) Anglo-German Protocol, signed at Obokum on April 12, 1913; and (iii) Correspondence between the British and German Governments dated July 6, 1914. 3. According to the information received from the Federal Directorate of Surveys, the Bakassi Peninsula has never been included as part of Nigeria in the administrative maps of Nigeria since the then Southern Cameroons ceased to be part of Nigeria in 1961. Also, the Northern Region, Western Region and Eastern Region (Definition of Boundaries) proclamation 1954 (L. N. 126 of 154) showed the Bakasi Peninsula as forming part of the then Southern Cameroons.Furthermore, with Diplomatic Note No. 570 dated March 27, 1962, addressed by your Ministry to the Cameroonian Embassy in Lagos and accompanied by a Federal Investigations map, Nigeria recognized the Bakassi Peninsula as part of Cameroon . 4. The principle of good faith in international relations requires that Nigeria not breach its word of honor as highlighted in the 1962 Note. On our part, we must do everything possible to ensure that Nigeria does not show ingratitude towards a brother country that accompanied us during the civil war. For this reason, I strongly insist on the expeditious implementation of the following recommendations of the Nigeria-Cameroon Joint Boundary Commission dated August 14, 1970: 1.“That the determination of the borders between the two countries should take place in three steps: a) Determination of the maritime border; (b) Determination of the land boundary in accordance with the Anglo-German Protocol signed at Obokum on April 12, 1913 and confirmed by the Anglo-German Agreement of London “on (1) the determination of the boundary between Nigeria and Kameron” Yola to the sea; and (2) “Regulations on Trans-River Navigation” and an exchange of letters between the British and German Governments on july 6, 1914.
c) the demarcation of the remaining part of the land border. 2. That the demarcation of the maritime boundary be carried out in accordance with the Geneva Conventions on the Law of the Sea of 1958 and in accordance with the border posts and lighthouses specified in the Anglo-German Agreement “taking into account (1)”. the settlement of the Nigeria-Cameroon border from Yola to the sea; and (2) Cross-Border Shipping Policy.
3. That upon completion of each of the above steps, the two countries will sign a separate treaty for the implementation of the border so demarcated and monitored.
4. The provision of experts by both countries to begin work on the demarcation of the maritime border between Nigeria and Cameroon as soon as possible, using larger scale maps and available maps similar to those set out in the Geneva Convention of best meet standards established in 1958; and that the demarcation work must be completed by September 30, 1970.
5. This work began in 1965 with the reconstruction of the land border and the identification of border markers carried out by a joint Nigeria-Cameroon technical commission. , to resolve the Boudan-Danare border dispute, reopens and continues to the mouth of the Cross River. 6.That as the two Governments make progress in implementing the above recommendation, they may take all necessary measures to strengthen the friendly and fraternal relations existing between them. Kind regards (Sgd) Dr. T. O. Elias Attorney General of the Federation and Commissioner for Justice