[allAfrica.com] [celtel.com] Bakassi: You Can't Stop FG From Withdrawing Troops Vanguard (Lagos) NEWS November 3, 2004 Posted to the web November 3, 2004 By Ise-Oluwa Ige Abuja A FEDERAL High Court sitting in Abuja turned down, yesterday, a request by the paramount ruler of Bakassi Kingdom, Etinyin Etim Okon Edet and three others, to stop the Federal Government from withdrawing its troops from the oil-rich of Bakassi Peninsula until the determination of a substantive suit pending before it. The peninsula, peopled by Nigerians, was ceded to Cameroun on October 10, 2002 by the International Court of Justice (ICJ) after a protracted legal battle between Nigeria and Cameroun over its ownership. In turning down the plaintiffs' request, Justice Binta Murtala Nyanko said granting such an order could set the judiciary and the executive on a collision course. The court, she said, had no power to interfere with the deployment of forces by President Olusegun Obasanjo who is the repository of federal executive powers and Commander-in-Chief of the Armed Forces of Nigeria. But the court said no responsible government would leave its citizens unprotected. Her words: "By virtue of Sections 217, 218 of the 1999 Constitution and Section 156 of the Nigerian Army Act, it is the President that determines whether or not to remove Armed Forces, being the Commander-in-Chief of the Nigerian Armed Forces. In fact, by virtue of those sections, he is given an exclusive power to deploy forces as he feels right. "The court will, therefore, refrain from interfering with the functions of the executive. Consequently, the court, in the instant case, can therefore make no order restraining Mr. President from withdrawing his forces from Bakassi if he wishes to do so. "But since Bakassi Peninsula is still part and parcel of Nigeria and since the people there are still Nigerians, the Federal Government is still obliged to provide necessary protection for her citizens there. "Having reasoned thus, this application seeking to restrain the Federal Government from withdrawing its forces, therefore, collapses and it is accordingly struck out. "The substantive suit shall be given accelerated hearing." The request was made by four men including the paramount ruler of the Bakassi Kingdom, Etinyin Etim Okon Edet, and three others, September following media reports that the Federal Government had fixed September 15 as hand-over day of the peninsula. The essence of the request was to preserve the res of their pending case before the court. Specifically, they were of the view that if the Federal Government should withdraw its troops from the oil-rich enclave. Cameroun would take over the peninsula without their welfare taken care of. Besides, they also feared that withdrawing the troops would amount to handing over Bakassi contrary to the provisions of 1999 Constitution. In a four-page originating summons lodged at the registry of the court and still pending for determination plaintiffs formulated four fundamental and constitutional matters for the court to determine and requested for four declaratory and two injunctive reliefs. Besides, Edet, other plaintiffs in the case are the legislator representing Bakassi Constituency in the House of Representatives, Essien Ayi, the Chairman of Bakassi Local Governemnt, Ani Esin and Prince Joe Henshaw. They said they were taken aback when they learnt of the decision by the Federal Government to hand over the peninsular soon without due constitutional process and any regard for the plight of Nigerians who are residing in the controversial area. Specifically, they were of the view that the cession could not take place without an act of the National Assembly for as provided for under Section 8 (2) of the 1999 Constitution. Above and beyond this, the plaintiffs further contended that the proposed action of the Federal Government amounted to adjustment of the boundary of Cross River State which include the Bakassi Local Government Area in the land area of Cross River State contrary to the provisions of Section 3 (2) of, and Part 1 of the First Schedule to the 1999 Constitution. They had wondered why the Federal Government did not approach the International Court of Justice to seek for clarifications on its October 10 judgement which ceded the peninsula, especially on the rights of Nigerians living in the controversial oil enclave. In a 30-point affidavit accompanying the originating summons deposed to by Prince Joe Henshaw,he averred that unless the court restrained the Federal Government of Nigeria from hurriedly handing over Bakassi Peninsula to Cameroun, the fate of Nigerians living in the area would be sealed.   =============================================================================   Copyright © 2004 Vanguard. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). =============================================================================