WHO OWNS BfiKfiSSI? ANIE ·ENYENE BAKASSI?

BY

~ = .I I

P U I 1..1,;: IICOID O,f1Ct

f. D · 4()3/ ft. 7 co·noii.ttT _ t<OT 10 ti UHOPUCIO 'ijQJqwai.~·~I>I>LLT WIIIIOIIL Pllt<IHIOit

Pt<loroli••·

.We, the undcni~'lled Kin~ a.nd Cbicfa of T9ffi Shot, Uc:chuo thA&. we. our l>OOplct

1w.J rouulry, .vo nbjcd L.o Lho ~u&.borit.y aruljuridiction ot'lllu Kinp 1.ud Chief• of Old

rt.li\lUH ; tbll&. veC&Dno&., thcrerorc. make &UJ 'J'rcatJ' with A (orci;n Po•·er roi ourMlne,.

b•l Lbat '"1 Troatr tbc 01\iJ )(in;> aud Cbiclio of Old . Cal•~~r hou IJI"dc, ..- ""'1 be,.. ~& Rtr ml\~c. ia. aud will be, bitulic; on Ui. · , . . ,

D•n• in lriplif:&le Llaia IliA 4•¥ gf S.pt.t:111bor, ')8!1f, oQ ~ tho tlC.JP-tlaip

·· 'l' rQ~\:1," 014 CalaMI" RivN. . .. (lli&ncd) ODOU EKOU, hia x 11161k,

J.llASY NA, tlill•· .

Wttocae:o to U...o m.ru gf Kin;; Rd Chief•: · • · ·

' (Sicnc<IJ R. W. 0UJOD, Q,01N.d<r, /Jtr 14ojt~ly"t thip "Flirt,'1

AeuQuO ~u~O)Ie, M<OI"'f" •I Kitoy l)w,k,,

~,,;. .. We, Uu: uodCntl&ncd Kiug au'-' CLicfa of Efu.L, Uccla.rc tl.aL we, our pcoplo and

:ouuLr,, are ll&lbjccL to Lbe uthori,, autJ jltl·i.Wchon uf Lb\! ){in~r• f\UJ Cbicf• or Old

Calabu; Lbat we canno&., thcrcfort. m&ko IUl)' Tn.!a.l.1 \\l\.h" fon.:i!{n Puwer for outtelwu,

L•• c.bo.I""'J' Treat¥ 1he ..,id Kint;• an~ Qbieio of Ol<IColatw.r ban m&d"·"' ""'' bore&flor

nw.ke, ill1 aad 1ri.U be, Uir.d&nl on w.a. · ~ ··

(f!iKDW) J(ll\0 ~KPO ANO, lu• X ~~~erk. IlllUM.A MllS!KA, d1t to.

E'J' UA-ItltTUNDA, ~""·

~·

RA. 11.& M~H..Ull, diU2 ,

RA -K.E-NDE WAXAKO, 4ilto: · ~IESIKA W A-ETE, drllo, J\ASAKO laiO-E'l'E, lliuo. YELo1.0W PUJ(E ..

__ _.l[e, .._.......,...tltinr-..,, Cbiifi of ldOUtlllbi, deola~o lbal we, ~ur pe_opl• end

••••Ill', an ••bject to lho authorilr aod jllrilldicLign of IIlo Kin111 u4 OhW. ol OlAI

Oa.lablr; \b.&'- w• C-~auno$, 1-berelore, ~nako any TroaLy wit\ & Cor~ign PowerJor GW"WhOI,

bullll&~ ""'1 Trooly the Mid )(inp OJid Cliior. or Old C&l•""' biYO mede, .DI m.yllort-

af\cr make, i>, end will b., biadiP¥ oa uo. •

(Bijoed) KLNG l'fO lNAliGO, ~i4 X_.,

· INUA ' EBENDE, •lillo. ' MAIU MBA, diU<> . ADU.IU AK.ARl, llillo.

MOUOlWl WIKOlU, o#ljf, ~KPO J(U¥4, llill•. ·

. 'Ibe abov~ Jecl&ralion wu duly Q•JOI.U.cd to t.llo ei&o.l&riq lll~clo, .,.4 lllco tiptoi

!" ooupreococo, tAil~ "-1'ol Se~leinbor, - 1884.

(Sigoed) lou' ll.t.xwrow EaauraTO>< ALt.JU<, ~~~

. . Lillll......,, H~ M•j<~lf't Mip .•1 M¥1." .

14¥111 Mv~ao.

Appendix Ill

.. f.D·4Do/4-7 COPI, .~ .,, -: I•Oito·-··T JI,.IOOUCI(). PtfO"!Qc·ai.PHICAILT

W'tT Ht.h,•L.. .rt lMJ $ S 10,..

ill

A.UTIOLE VII. All Miniat.cn oftbe Clwi•tiAn religion li1all be permitted t.o reaide and eurciao tbclr

calli.Dg wi\bin tho tcrrilorica of lbt Aforuai.! Kinr and Cbiefo, who hereby guuao14t t.o lbom full protectio11.

All fol'lllA of religioua worship and relijiioua ordiniUieea may be exercised witbin tbo tcrrit.oriea of ibe tJ'oruaid Ki11p and ubiofo, r.nd no bin lrr.nee ~ llo otftred ~hereto.

AUTIOLE VUI. li nny vcaselo abould be ..:reeked wiihi11 the Old Calaba.r tcrriloriea, the KJnga and

CbioC.. wiU sivc &.bem all lhe utiat.anco in 1bcir power, will secure tbem from plundor, IUid alao rec:Olel and deliver lo the 'lnrncra or agenta All the property. wbich un ktei&T~.

If thera are no aucb owocn or •genii on the apot, then the a&id vropert1 oball bo delivered to t:-. British Conaular or other ofileer.

Tho ·x;r. ,, >d Cbiefo f•rther engage t> do all in their power to protect the pe1110111 And. pro~rty s. I) officers, crew, and othon on boa.r_d auch wrecked vcsaela.

All cl4i~»- ·. a.alva:c dueo io aucb eaaco oLAII, if diaputed, be referred "' tbo Bril.iob Conoulo, other olfieer for ubitration ond dcci•ioo . Tbe Kings aod Obie(a lfill oo~ bo respo111lible fot· ~be Tom Shots vcoplo with respect to wrecking vcascls, ' ut they proroioe to do their utmool to iuduce th<>ic people to act in cooformit1 ,.jth U.il req QeK. • · •

AR'flCLB IX. Thia .Treaty aball eome iD.to operation, oo far aa ""'1 be vracr.icabl", from the Ll&to

of ita oigo&ture, excep~ aa rogarda Arlicl• VI, to which the King• and Chiefa do n~agree.

Do11e in triplicate on boud Her Britanaie M•jcvty's •hip "Flir~," anchored in Old ()&l.iW _jiyer \hia lOib da.y of Sel'_t_emher, 1884.

• •· " 1

• . - (l!iiM<l) EDW ARD HYDB HEWETI'. . · ·. KING liiYO BO.Ii~~ll

J. B. OOBH..UI. . l'rin~ EYO IV, b» xaark. TO¥ EYO IJ. . PriDce EYO ll .

.. Pri- BYO Ill. ESPEN JOHN AMBo: · ABASI IBATAM, bio X m~~rk . EKPE ENg, ditto. EKPA ANLIEICA :A.MBO, dillo . ESSIEN EKP.ENYON OKU, dilto. EKPENYON EBSlEN, dille.

(Bi&ced) lUNG DUKE IX. OFF!ONG EFF!ONO U4AB, bil x mark. P. EIP.O ~YAYBA. P!Uce AROHIBONG U, bil x m&rk . Priuoc .AUOHIBONG IU. P. Dta EOBO .ARCHIBONG, bil X mt.rk. J.UJ!i.S EPHR. .. IM AD.AM, dillo. BOG U .A.UCHIBONG, rliU4. '0KN A.NDERSON, dirto. < GA • ll\ON DAll, ditto. }; : 0 ~YO ANDElUI', ditfo. ,\1),\)i DlON ~AR.

·1 ~ abcra ~ Nli 10 rl< ~~-. from Kbg E1o Hone1ty VU to ~Oo We,., li.ad fr~Y~A XV>q Ulikt 1X to Ade.lil Irca &<, bDili la~hwve, "'" .at:»ci \.;:lolls T..oy iD ou 1'!:'-'0P ~ daJ, thG IOtb Be~bu. 188t. ~ R. K.ilvqu, 0/ld"""' of ~r~ ".! .Efkil,.

• 1· • .& B. Oclml PJ.AI'r. ' • •

---- ··--

27

Iw.loturo 16 lA NO; la. .

TrHIJ wil4 Kingr 1&1111 C4ir/l o/ Old c.u.Hr, &pltfii/Hr 10, 1884,

HER M'\i_~•l1 tliAl Qu~'<! n of l~o Unitccl KiD£'UDm of Great Bril&in o.ud Irel&nd, ~Ul(J'* ol· Iu<lia, &c., o.ntl 11•• King• ~n~ Chief• of Olol Cal~ba•·, _be in~: ole.ircu• of aWO•

,,,;"'"lot a.od -""o:th•~w;; lbc r•i&tion• of· _p~~aco o.nol Crieodahi~ wbicb ban Cor 10 loni

c>Oiik.~l loc•w~en """" ; l!er ilri"--llliC Maj ... , .... OIWIOU ~·ol "WOiDIOU E. n. llu.-cll, E&q., bor eo ......

·. •r \lw lli&ht.o o( &11in aud Di•fno, lo concl".!" .; 'J'rnly for !hia purpooe. 'l'llo oaid B. Jl. Ji.,w.u, E.oq., auJ ll•• ... i~ KU.a• o.ud Cl>iefo of Old OLlo.bo.- haY&

•.;r..W.ul'OII ...a colldudod U.. following & ·ticloo :-

AW!'IOLll I .

Her lol~j&~tylllo Qu«:u of Or~t Dri..,iu ~•d lrcl•nu, &c., in oompliuco wltb tbo

W\I&Cil of 'be i(ioga, Cbie!o, o.nd poovle ol' Old CtJo.b.t, hcrcuJ uuder&&kea \o ulcnci 1o

llwOI, &&W lo \la.e t.errilury undur their ILU.Ll.unil..y &lld j~ariiMlict.ioD, bor (t&Cio\IA f&YOUr a»d proWC&ioo.

All.'l'ICLB ll.

'l'bo JCioa• o.ud O~iofd of Ohl C.lab~M agree and promiM to rcfroin f-lerin~;

into any corr~ponJtJut.:cl Agrcoo•cnl, or '.rrcaly wiLL &DJ fonigu uatiou or Power, e~;c~pL

wilb IIIo koowlcdgo •nd ... nclion of Ucr Dril&onic Mojc~~r'• Oo•eromcnl,

AR'l'lOLB JII

11 if ~~~rreecl ~t full aod ucliOIIin JurioJict.ioa, ciYil ....! oriUii ...J, o•~r llritiab

••~i.., .. u..l \ll4lit pr•,...rly in , ll•o wmit~>q o( Olol OL1o.L&r ia •-rv..d lo Her Bri tao~<ic

)I•J~"'T• &<» i><o ~w<iadli br-li.Colllllliol ut o1ber olllw" .. I1M au-;uty ~ appoia~

Car ~T'" I""~ '·"· . . J'L- . .• H u. : . ·• '·' •-- . •• ........ , JW,..a~Lioa a. .,...., ... t4MIW'YC" to er aa.viMl m ""• au.a w.r nl•ll1

!I( OW Oalabar oYer foreiin olibj_oc&. tl\iO[i,oz Briliall prol.clioa, wbo olio.ll be dMII*I &<»

11.1 ~ iA lW ell'ftlliliOD 14 !lrUiaJI 111bjec1 • ~fO"iboul ~ ~·

J..nTlO.Lll IV.

All ciUpuMI bolw- ~ JU.I' aod Chief• of Old OtJAblll, "or be~IYCCD lllew

a!W iriiWl w fonign t.radon, or botorccn ~ho •forc•:.id Kin£"•· and Obiefo and

u<i;lobouriag lribco, which cannot loc OCIIIcd 'alllicabiJ between the t"o p~rli,., •ho.ll bo

.ui>n•ill~ollo the BriLilll Couuw or other officcro appowr.ed by Her Bril6unic W .. jeaiJ ·

to cxcrcioc jurilodiclioo in Old .C.Iuloor torriloriea for arbi1ration and dcciloiou, or for

arr .. n:;cmcnl. The ...iJ Kio;•IUid Cbiofo •haU hue the righllo lj>pcal lo Her Maje•IJ't

S<rr<tarrof 81&14 for Vorei~rn .A.IIi&inl •i•iiW the dilciai011 of 11 .. . CoD&ol&r or otber otl;c.:n.

4RTIOLB V,

'1'11~ ~in~o-. ~ CbioC. ..C 0111 Co.lal."r bcroby en&"'':• to uailttbe Brit.i.la Conoul&r

or uth<r officc:nt iu lbc uociiLioo of ouch dut.ioa u may . bo uaip1~d lo them; 111d,

further, to ac1 upoa tbcir adYico in m&llocn nl&lill'i 1o Ulc. adminiaL >tioo of ju.Uico, the

Jch·lopuiCUL of the roeoW"e<:a of tb41 couulry, d!e illlercala of coauncrce, or in any o~cr

m>llcr in rd.U.o 1o (li'lloCe, ordor, .. ,..1 &'ood _goyornwcul, 1o11d lbe geuoral progre ..

·~· ci•·i:i.at.i9n, auLjetllu apjiCII,"u ill Ar~IA lV,iiWia~ actio~ upon lhe &d•ice of IIIo l:u .. lllu or ""'" ~ ...

.A.itTIOLB VL n •• aul.joeta aoil eilizeWt of all C01111Vi01 may Creelr t:ar(I oa trade .ill unry pan or

tt.o l~rr:tono~o. or IJtt X~ &DJ ChiJ1 pulic. buolo, &Ad 'NI bafe boliMI ud Cactori• •b~·ttlh • .

\ ·:o.;. ..LnicJ. i. IWil .pvtd w Ill &11! XiDI:' w Oliitfl.l

WHO owns BAKASSI? ANIE ENYENE BAKASSI?

BY

£TliBOM (DR.) EYOOKON AKAK

lf'E SINCI!~RE~Ll" ,4.ND SOLEMNLY DEDICATE THIS I¥0RK

IN MEMORY OF THE FIVE NIGERIAN SOLDIERS SHOT

DEAD WHILE ON ROUTINE BORDER DUTY AT IKANGON

SATURDAY 16TH MAY, 1981 BY CAMEROON GENDARMES

MAY THEIR SOULS REST IN PEACE.

111

\\110 0\\ "~ B·\1\:...\SSI:' ANI£ EN\ EN F. BAK~\SSI?

/I THE AUTHOR 11

E TUBOM (DR.) EYO OKON AKAK IDOH ETIM IV. M.A; Ph.D. _Diploma S~ial Science (Prague) hails from Mbiabo lkot Offiong Et~n ~ni •If Odukpam Local Government Area of the Cross River State of Ntgena.

lie is Etubom-Obio Mbiabo lkot Offiong Eton Ani. a product of lkorofiong Church of Scotland Mission School in 1939. Hope Waddell Secondary School in 1943 and Charles University founded in 1348 in Prague. Czechoslovakia in 1972. His Profile is fully carried in his earlier Work on EFUTS: DISINTEGRATION AND INTEGRATION. published in 1998. As a Social Scientist. Economist. Historian. Author and Publisher. he has so far produced 8

dozen publications as follows:-

J. Bribery & Corruption in Nigeria: Kajola Press. lbadan 1953. 2. Our Labour Movement: Nooremac Press. Munshin. Lagos 1963. 3. A Critique ofOJd Calabar History: Barose Printing Works. Calabar

1981. 4. Efiks ofOid Calabar Volume 1: Efik Origin & History~ Barose Printing

Works. Calabar 1981. 5. Efiks of Old Calabar Volume 11: Efik Language & Grammar: Osko

& Sons Printers, Calabar 198 J. 6. Efiks of Old Calabar Volume 11 I: Efik Culture & Superstitions: Paico

Press. Calabar J 982. 7. Efiks of Old Calabar Volume IV: Earliest Settlers in Calabar from

14th century & Their Claims over Calabar: Pa1co Press. Calabar

1983. 8. The Palestine Origin of the Efiks: Akak & Sons. Calabar 1986. 9. History of Odukpani Local Government Area: For Publication by

Odukpani Local Government Council. 1990. 10. THE QUAS: Origin & History~ Akak & Sons. Calabar 1995 &

Reprinted 1998. 11. EFVTS: Disintegration & lnte,.uarion: Ekikak Works. Calabar 1998. 12. WHO OWNS BAKASSI? Edi~rnph ('nnunnnkntiunsl9"JCJt

ETUBOM (DR..) E\'0 OKON AKAK

Etubom (Dr.) Akak ldoh Etim IV is ADAHA MBIABO IKOROFIONG A. M. 1.; a chieftaincy title conferred on him by Etubom Offiong Etim Offiong of Mbiabo lkotOffiong Eton Ani on 31st October, 1981, and also ADA·lDAHA KE EFIK EBURUTU conferred by Edidem Otu Ekpenyong Efa IX, Obong ofCalabar & Grand Patriarch of the Efiks on 25th November. 1988. As Etubom-Obio. he was traditionally selected on 28th November, 1993 by Eton Ani Royal House after the death of Etubom Offiong in 1988, presented to the whole Community on 19th December, 1993. screened by the Western Calabar Efik Clan Council on February 19, 1994 and again on April 14, 1994. The Etubom Traditional Council headed by its Chairman, Etubom Itam Eyo lbitam still decided for a third screening by the full council with invited members of Eton Ani Royal House in attendance on 12th July. 1994. and thereafter. was the fourth exercise as the final by the Chieftaincy Committee of the Obong's Council on 7th December. 1994.

Upon these all. Etubom (Dr.) Akak went through these hurdles with excellence, and was finally inducted and capped by Edidem Boco Ene Mkpang Cobham V. Obong ofCalabar & Grand Patriarch of the Efiks on 12th December. 1994 in his Royal Palace as Etubom-Obio Mbiabo lkot Offiong Eton Ani Ukpong Atai and Member of the Obong's Royal Court and Council of Efik Kingmakers. Etubom (Dr.) Akak is also an Ekpe Efik lboku Title Holder of OBONG OKU­AKAMA. a super Ekpe Efik lboku Title. a dual Family Head of his Paternal and Maternal Families of Okon-Anwan Eton Ani and Mn Edem respectively and Member of other renowned Efik socio-cultural societies, quite distinct from secret cults. He is a Christian born into a christen home on 9th January, 1920 as a motherless orphan from seven months. but grew up under the care of his aunt. late Madam Afiong Efiong Eton. who instantly became a dear and loving mother to him. very kind. generous and sympathetic. a Good Samaritan. and indeed, a God­sent Mother in a million she was to him.

Today. that seven-month orphan. nursed. nourished. trained and educated by her.._ is Etubom (Dr.) Akak ldoh Etim IV. M.A; Ph.D~ who ~"per ardua ad astra·· has climbed the steep and high hills of life through storms. rains and thunders to become finally, an Orphan-Doctor of Philosophy and Ada-ldaha ke Efik Eburutu. the first in Mbiabo lkot Offiong Eton Ani in both cases. GLORY BE TO GOD, for with HIM. all things are possible.

:I • :I

WtfO OWNS BAIV\.::>.:»a ....... _

TilE Al"THOR·d rO!-'RMPRESE.\ T..tT/1 ES ·_ .... ,, .. ,V·, .... ",OFTHEFOl'R

1/0l'SJ:.:\~ Of' .1/Bl-4110 IKOT OFF/0.\'(i AFTER J.\'})l'CT/0.\' .-IS J::Tl'BO.tl. 11·1 2-9J.

ETUBOM(DR) EYOOKON AKAK

11 PREFACE !I

W HO OWNS BAKASSI? Is a Critique of the 1885 - 1913 Anglo­Gennan Treaties and the 1975 Gowon-AhidJo Accord in the N•gena­Cameroon Boundary Dispute, which has evoked mtemational mterests.

comments and general concern as it continues to create more problems for both countries and the world commun1ty lfthetempo IS not arrested m time, rt mtght as well escalate mto what might likely be termed as 'BAKASSI WAR~ whtch can as well drag in Britain and Germany in defence oftheu former territories of Nrgena and Cameroon respectively. This IS why many people, groups, and mdaVJduals are catsciously searchmg for a posstble solution, because the world wants peace through peaceful coexistence with one another.

Admittedly, Britain and Germany ongmated the present daspute by thear 1885 Treaty oo the Rio-del-Rey boundary m Bakassa Peninsula, but while be(h of them are now in peace, the two Afncan coW1tries are fighting to a finish, because of the after effect ofthose disputed and Wlsettled Treaties and Agreem~nts unsuccessfully negotiated by them. Therefore. for a solution to the present stalemate, many have offered ideas, proposals and mdicators, coe of which is by bnngmg true and authentic facts of the case to the pubhc, either orally or in writing to enable clear Wlderstanding with a viev~ to knowing where and how to tackle the issue anucably

This publication. WHO OWNS BAKASSI? Comes m as one of such contributions, aimed at educatmg both parties to the dispute and/or any other interested party or indiVIdual, by a critical analysis of the contents and provtsaons of these Treaties and Agreements along with the Accord between General Gowon and PreJ)dent AhadJO for guidance and objective conclusion. By this process. those Who discover the basis of their claims to be weak, baseless or without substance or merit shall voluntarily withdraw and/or surrender m favour of peaceful settlement. It is a clear catalogue with cogent facts, abW1dant evidence and authentic proofs that point to the inevitable conclusion that the present N igeria-Cameroon dispute is the aftermath and end-products of the 1885 - 1913 Anglo-German Agreements and the 1975 Gowon-Ahidjo Accord.

These documents, though declared null and void by the principles of International Law, still leave the ghost of their image behind to cause and create confusion~ troubles and problems over the ownership ofBakassi Peninsula. dut, this work has however, shown transparently and vividly that the Peninsula has been, is still and forever rema~s an Efik territory in the Cross River State of

vi

WHU UWN!S BAKASSI! ANIE EN\'ENE BAKASSI?

Nigeria within the territorial boundary of the Federal Republic of Nigeria. as confirmed by renowned and learned Historians. Academicaans. Intellectuals journalists. Research Consultants and Professors. who arc herein quoted with their works cited, for the purpose of authenticity. credence and credibility.

This is so because our research started the ball rolling locally first. when the State Boundary Committee with the enlightened elements and some historians held an urgent and important meeting in April, 1996 to discuss issues and matters affecting Bakassi, then in Akpabuyo Local Government Area of the Cross River State of Nigeria. We were there with relevant documents and materials at our disposal. and certainly. we discussed a lot with programming.. planning and logistics. Before then, in 1993 the State Government had earlier requested a few of us to produce a comprehensive Memorandum on Bakassi for a close study. and this we creditably accomplished within time limit to the satisfaction of the Government. This was followed in 1994 by the Abuja meeting of the Committee set up by the Head of State on Bakassi. to which the Author was delegated to represent the Cross River State Government. But on his arrival at Abuja. the meeting was later postponed because of other engagements.

Our intensive research continued in 1995 with a request from the Nigeria­Cameroon Border Dispute Panel. located in the Federal Ministry of Justice. Lagos for a Documentary Memorandum on the Nigeria-Cameroon Border Dispute in three parts as follows:-

Part 1:

Part l:

Part 3:

A thorough Examination of the Nigeria-Cameroon Border in 1913 i.e. pre 1913 Berlin Conference and the 1913 full deliberations, the events of 1914 prior to outbreak of the First World War and the status of Bakassi; and then tfote Question. "Was German proposal to take over Bak.assi actualised?

The Gowon-Ahidjo Agreement supposedly transferring Bakassi to Cameroon and how? Examine events of 1974 and 1975, then effect of Murtala take over and the repute or rejection.

Akwa lb<'m's claim to be on administration from Eket. When, How and Where is the hidden agenda?

"My regards to you as a notable and competent historian".

ETUBOM (DR.) EYO OKON AKAX

This request was received on 27th June, 1995 and within one week on Sth July, 1995 the anticipated Documentary Memorandum was ready for delivery to the Chief Research Consultant, whose letter of acknowledgement, dated 28th July, 1995 reads:

"Please accept "9' profound gratitude jor providing me very helpflll material on the Bakassi investigation I am currently handling. I confirm that you are a treasure not only to the Ejiks but to Nlgt!rltl our Fatherland. May God grant .vou many more years of 11Seflll service to the nation and mankind. .... "

These three documents - the 1993 request of the State Government, the 1995 Memorandum to Lagos and the 1996 production for the State Boundary Committee are here merged and elaborately enlarged with much more inputs to make this work highly resourceful.. rich. logistic, authentic, and indeed, a masterpiece of erudition for human consumption. It leaves no stone untumed, or untouched in searching deep down to the root of the Nigeria-Canteroon boundary dispute by a thorough examination and analysis of events. facts and details leading to the immediate and remote causes of the problem. Significantly, it however credits the 1885 Treaty with a pass mark. but does not endorse the defects and anomalies of the later Treaties and Agreements with particular note on the 1913 document on the Rio-dei-Rey boundary episode and the 1975 Gowon-Ahidjo Accord on the alleged transfer of Bakassi to the Camcroons.

In consonance with the above facts, the Obong-in-Council was accordingly. equal to the task in his highly comprehensive Documentary Memorandum to the United Nations Fact Finding Mission on the Nigeria-Cameroon boundary dispute in 1996. This Memorandum was a real eye-opener to the Mission when it arrived Bakassi. and also a testimony of truth that Bakassi and the Efiks are inseparable components in the history of the Peninsula. We are today living witnesses to what followed after all these Memoranda and human efforts and resources to put Ba.kassi firmly on the map of Nigeria, and obviously, the Federal Government of Nigeria has done the right thing in creating BAKASSI LOCAL GOVERNMENT AREA of the Cross River State of Nigeria in the Peninsula soon after the GOODWILL MISSION of the United Nations. Yes! Seeing is believing. and the taste of the pudding lies in the eating as confirmed in both cases by the Mission. that came and saw and conquered with satisfaction that Bakassi is for the Efiks.

, n..-.,., dais work u a wftale. nwannimouslycarriel BAKASSI ~ lJi&b 1iom tbe start to the tlld u a boaafide territoly oftbe Efiks. the Cro11 ~ State aad NiptU. Ourthaab. smtitude aad appreciatica go to all da01e who httl coatributld to tiJe pmcfucticm and publicatiaa ofWBO OWNS BA.KASSit .._. tpeei.al boaout to dKw whOle worb and pubJicati0111 are herein cited ....,_. procluced. Por dlt book. - il aood luck ad all the -.. :

AIITHOII ,U .-ID . .f.JJU/1.4 16 6'11 61l'Nl'n/, CONn/UIED 11 H.lt.B. DIDDI OTIJ B. 1«4 11 MIUJIOIINT Rl/1.8/t. G/WIIJ IHT/flt41«11 OF 7711 UID QV JSTH NOJIDIIJU. 1 ••

ETUBOM {DR.) EYO OKON AKAK

PAGE

~CID ............................. ............ ....................... ii

11le .A.I6ar . .. .. . . .. .. .. .. .. .. . . .. .. .. .. .. . .. . . .. . . . . . .. .. . . .. . .. . .. . . . . . . . . . . . . . . . . .. iv

.,.c. -1.

Ji.

. .;.~·

Jv.

V.

INTRODUC'FIOJ'.:................ .. . . . .. . . .. .. . . . . . .. . . . . . . . . .

HISTORY & LOCATION ................................... ..

ANGLO-EFIK TREATY & DECLARATIONS ..... .

ANOLO-GERMAN TREATIES. 188S cl 1886 ..... .

ANGLO-GERMAN TREATIES 1890 & 1893 ...... .

·VI. ANGLO-GERMAN TREATY 1913 ..

"'' 3

7

16

21

27

VII. 1913 TREATY ANALYSIS 33

i. n.ty ~~- . .. . .. .. .. .. .. . .. .. .. . .. 33

ii. Fowler's Demarcation Attempts ........ 34

iii.Protelt against 1 913 Treaty . . .. .. . .. . . 39

VDI 1913 TREATY IN NIGERIA-CAMEROON DISPUTE 4 2

Britilb Mandate for the Cameroons 4-5

ii c...roon Attrocities in Bakassi 46

ill Protem & Petitions Against Cameroon Attrocities 50

IX.1975 GOWON!AHJDJO ACCORD cl AKWA IBOM CLAIM............................. 56

X.OBONG'S SUPREMACY OVER BAKASSI 64

xa

...- f.NYf.Nf. BAKASSI? WHO OWNS .BA.KASSI? Al·u ....

i. Letter to Oboog

ii. Obong 's Reply.· ·

iii Letter to Persoonel Manager

iv Obong 's Acknowledgement.

v. Facts~ Comments

VI. Our Brother's Keeper

Xl SUMMARY & CONCLUSION ..

i. Summary & Marua DeclaratJon .. ·

iJ Conclus1on ..

XII. REFERENCES & LITERATURE .

APPENDICES

Antera Duke's Record of 1786

II. Anglo-Eflk Treaty of September J 0, 1884

Ill. DecJaratJOns of Efut, Idomb1 & Tom Shott m

September, 18 84 ..

IV Protest from S1r Claude Macdonald to Gennan

Governor, 1894.

V Mission Map of Old CaJabar ....

VI. Fowler's Letter to Claude Macdonald on his

DemarQtJon line ................... ..

VII. Efllc Villages & SeuJements in Bakassi Peninsula ......... .

66.

66

68

68

69

7o

79

79

84

88 -

6

9

11

12

20

37

41

!.TUBOM (DR.) E\'0 OKON AKA

-aft \)refectora\ Order Changmg_ Names of

t\K V\\\ages. ... .. 54

~a'kass\ \radit1ona\ Counc1\'s Letter to Obong ofCalabar 72

Ba\<.ass' Nat\ves A.ssemb\y's Letter to Personnel Manager 74.

PHOTOGRAPHS

: "uthor

llef\...u\u Bnggs wtth Etubom Tradrttona\ CoWlcll

t\e Obon\! of Ca\abar

76

11 1. INTRODUCTION 11 ' WHO OWNS BAKASSI? Th1s 1s the quest1on that moves the world round, and for those who do not know the answer, BAKASSI .is an Efik terntory that went under the control and protection of Britain m

the 1885 Anglo-German Treaty ofthe 19th Century scran1ble for Afuca by European Nations m thear fmal partat1on of our BLACK CONTINENT R1o del Rey, m the h1stonc document was acknowledged and accepted by both as the mtemattonal boundary between them w1th Germany on the east wath the Cameroons, and Britain on the west w1th N tgeria expandmg from north to the Gulf of Guinea m the AtlantiC coast in the South

lt would be recalled that earher on September I 0, 1884 the Anglo-Efik Treaty had been Sl!,rned in wh1ch Her MaJesty the Queen of Great Bntam and Ireland agreed w1th the Kmgs, Ch1efs and People of Old Calabar as mdacated m Article I of the Treaty of Fnendshap and Protectaon wh1ch reads

"Her Maje ... ty the Queen of liretll llrituin tlnd Jreluntl, ... ~£', in t.:ompliant.:e with the reque\t of the A·ing\, ( 'llief\ turd People (~f l Jltl ('alahar. hereby untlertake.\ to e.x:tentl to tllem. tllul to the territory under their authori(l' anti juri.\tliction. lrer grtu·ious .fi"'ollr ancl protectitJn ''.

Bakass1, bemg an Efik terntory became therefore. d1rectly w1thm the context of these 1884 and 188:' treataes. the latter of wh1ch has now led to senous controverstes on the Rao del Rey boundary between Nageraa and the Cameroons as to the ownershap of Bakass1 and the Penmsula as a whole But Bntam and Germany had struggled by senes of negotaattons for a compronuse from I Qrh to the 20th century in a readJustment of the boundary when the Ftrst \Vorld \Var of 1914 shattered mto p1eces the last hope an their l Q 13 struggles for a peaceful settlement ofthear Rio del Rey boundary

Thts work as therefore, an analysis and reVIew of the contents and implications of the 1885 Anglo-German Treaty along wtth other related treataes and/or agreements that followed later. In our opinion, this will certamly brmg out a clear knowledge and understanding of the real htstory and the causes of the present conflict, not between Britain and Germnay, but a war between N a gena and the Cameroons over the ownership of Bakassi. We hope that this productton with resourceful mputs of renowned historians. professional authors and journalists as

ETUBOM (DR.) EYO OKON A~,

well as sctentific researchers will be a very useful document on the Bakass1 con~ and remains for the future a research material for those who mtght be mvof~ with identical problems on treaties and boundanes. We further hold that,; consensus in the context of th1s analysis is a fa1r and balanced account of~ political, economic and soctal events of the period under reVIew The 0~ Ahidjo Accord of 1975 as another controversial document 1s equally treated in fiJ·

Our thanks and indebtedness go to all those who have contributed by~ way or the other to the publication of this work Espectally, we thank Chief(Pror Ajato Gandonu, Ch1ef Research Consultant & Member of Nigeria-Camerao Border pispute Panel and his Professional Colleagues m the Institute fc. lntematlonal Relations, Lagos for acknowledgmg our views and contributions a: useful and helpful in the1r debates and deliberations Tius work is an elaboraticrtO! those views and contnbut1ons of 5th July, 1995 to the Ch1ef Research Consultant who promptly acknowledged receipt in h1s letter of 28th July, 1995 with thanks~ appreciation.

We still wtsh that this pubhcat1on remains a hving testimony on the Bakass. history as we further w1sh it all the best m gettmg the world to know the truth a otherwise in the vanous claims over Bakass1 These are our wishes and the wtshes ofournatioo for eternal peace, harmony, mutual understanding andpeacefu ~xistence between Nigeria and the Cameroons, who were previously married as one country of the colomal era in Black Africa And m fulfilment of our dreams and wishes, the book now goes wtth the blessmgs and goodwill of all the nations of the world.

11 n mSTORY AND LOCATION 11

B AKASSI PENINSULA, geographically extends from the mamland of the present Akpabuyo Local Government Area of the Cross River State of Nigeria down to the Gulf of Guinea which empties into the Atlantic

Ocean in the south. Being contiguous With Akpabuyo Landmass, from which it penetrates out into the Ocean, it would have been better known as AKPABWO PENINSULA by then, 1f rapid development had been extended to the area at the early stage of its formative period. As confirmed from the map of the area, Bakassi Peninsula and the land of Akpabuyo fonn a contiguous landr.1ass wtth Rio del Rey on the east and the Cross River estuary on the west, while the area between them in the mtddle, extends south into the Ocean as Bakassi Peninsula It is a maritime region with abWldance of fish and acquatic resources and numerous fishermen.

Unfortunately, the Rio del Rey which was originally assumed in the 1885 Anglo-German Treaty to be a river flowmg into the Ocean was later discovered as not being a river as such, but a maze of creeks which links up with A.kpayafe River through Ndian Creek (river). The Ndian creek represents the actual eth.ntc boundary between the Efiks ofCalabar in Nigeria and the Bantu speaking people ofthe Cameroons. 1 This fallacy in the 1885 Treaty that Rio del Rey was a nver of 80 Miles in length led to the conflict and subsequent negotiations that followed up to the 1913 review of the treaty But as earlier said, Bakassi hes in the south­eastern part of Ntgeria between the Cross River estuary and Rio del Rey wtth a landmass of about 660 square.ktlometres and more than 20 Nigerian villages on the Penmsula ~

Thus, the coming together of the Cross River and Akpayafe River along with Rio del Rey into the Atlantic waters creates undercurrent planktons for the feeding and breeding of the vanous species of fish found in the area, and Efik<" being seafarers and traditional fishermen were from the early days attracted to the vicmity. which rematns today a cluster of fish-settlements and villages. 1t is certainly true as Anene puts it that Efik fishermen founded fish towns in the neighbourhood of Rto del Rey.1 Apart from the fish towns and the fish industr~ carried out there by the Efiks~ the extension of the area trade by them to Rio de' Rey was according to N·air, of great importance since rt actually modified the trade pattern of the area. Commenting further. he says· "Perhaps the rise of Duke Town was connected wtth the development of the Rto del Rey_tra~e .. '

J

ETUBOM (DR.) EYO OKON AKAJ(

Still with Efik trade link in Bakassi Penmsula, Mrs. Oku also quotes Latham as saying that, Rio del Rey (Kmgs's River) which had been a traditional Efik trading post since the days of Barbot m 1600, came under ban when Great Duke forbade any trading between Europeans and the people there, ostensibly to prevent piratical attacks on the Europeans. 5 She then adds that "We beheve however that the action was motivated by his determination to monopolise the trade here as he had done in Duke Town. "6

Historically, Bakassi was founded by the Efiks, among whom was Antai Otu Mesembe Ukpong Attai, who sailed down the estuary of the Cross River m three canoes from Adiabo Ikot Otu lbuot in the present Odukpani Local Government Area for a fishing expedition which landed him first at Abana., Others followed in the person of Asibong Edem who founded Asibong Town, Ekanem Esm who founded Ekanem Esm Town and Abana Umoh who had earlier founded Abana among many others around the 16th century A D. mainly as fishing settlements or Fish Towns, according to Anene. Antai Otu Mesembe Ukpong Atta1 himself founded Atabong Ikot Otu lbuot after arnving at Abana.

Next came the colonization of A.kpabuyo along w1th Bakassi Penmsula to the south by the Efik Kings, as a proof that, Bakass1 belongs to the Efiks, as founder and first to occupy its mamland from the north down to the Atlantic shores in the south. That was why the Efiks were able to plant or estabhsh theu "'EKPE EFIK IBOKU" there as the1r traditional symbol of authonty, government and control over the people and the area. Antera Duke confim1s m h1s Diary on 8th February, 1786 that he on that day, arnved Aqua Bakassey to meet Archibong Duke with whom he went first in his (Arch1bong 's) canoe to the New Town (Obufa Obio) to stay for a while at the landing before walkmg up to the .. Palava House''- Ekpe Lodge M

He records further that on February 11, 1786 he was m Coqua Town to see Archibong with whom he walked to the Cameroon, and having passed through three httle towns on the way, they got to the b1g town, where a goat was killed for them. and he was also given 2 rods and I iron, while generally, they had a long d1scuss1on w1th the people about Arch1bong 's trade with them 9 These are facts to show that Cameroon 1s far away from Bakass1 Peninsula. and to prove also that the Efiks had long been associated wtth the Penmsula, and to prove also that the Efiks had long been assocrated wrth Penmsula -socially, culturally, economically and pohtrcally as the de facto owners of the whole terntor)' See Appendix I for Antera Duke's recordmgs as here m produced

4

\\liOO\\·~~ BAK~~SI"' ANIE EN'\'ENE BAKASSI~

Anene confinna as well that Rev A Ross and his colleagues who Vlsited Rao del Rey reg1on m 1877 found enough evidence that Efik slaves ofthe1r Efik Houses had bUilt up for their Efik masters constderable trade stat1ons m the area where Efik, according to him. was w1dely spoken 1

" 1t was all an Efik Empare, as observed by Aneue, 11 who m h1s fi.arther remark says .. lt IS Significant that the treaties s1gned by Hewett w1th the Efik C'h1efs m 1884 did not include the coastal terntory east of Rto del Rey" ,;:

This may be somewhat or somehow correct smce the east by the 1884 Anglo-Gennan Treaty proposal was m1tial1y eam1arked for Germany. but even that. before the anglo-Efik Treaty of September I 0, 1884 was s1gned. two coastal territones, EFUT (Usak-edet) and IDOMBI. east of Rto del Rey had earlier on 8th and 9th September, 1884 respectively declared the1r loyalty to the Kmgs and C'h1efs of Old Calabar, who were accordingly acknowledged by them as their Overlords These terntories having declared to be subject to the authonty and junsdictton of the Kings and Chiefs of Old Calabar. agreed to accept any treaty s1gned by them as at that ttme. or thereafter, as legally and constatuttonally bmdmg on them as the1r subjects. SttH after the Anglo-Efik Treaty of September I O. 1884. came another Declaration by the people of TOM-SHOTI m the same area. who also on 11th September, 1884 equally accepted to be subject to the authority and junsdiction of the Kmgs and Chaefs of Old Calabar as the other two did

In other words. we can now authentically conclude that the sa1d Anglo-Eft;< Treaty of September 10, 1884. signed by Hewett with Efik Chiefs did m elude the coastal terntories east ofthe R1o del Rey. because Article I ofthe Treaty prov1des that the Queen of Great Britam & Ireland had undertaken to extend to these Chiefs and totheterntory under their authority andjurisdict1on her grac1ous favour and protectaon By thts, the coastal territones east ofthe Rto del Rey that declared as subject to the authority and Jurisdiction of the Efik Chtefs were therefore. covered 111 the treaty, that came after their Declarations of 8th and Qth September. 1884 TI11s ts where Anene 's remark mtsses the mark

T tf 1~ D t.\ R Y 0 t· ANT F. n A ll U K E

29·'·'i86 At 5 a.m. at Aqua Landing; it was a fine morr-:ing so we all

waJ~ed up to King Ekpc70 lo WDrk ~t tJw pala\·er house. Soon afterw"rds we }u~arcl that King Egho S:tm Ambo h:lCl stopped three Egboshcrry men at the river lJccau!\c~ thry h:tci killed one of his men. After 1 o'clor:k we hear that Eg:Jo Young':; dear has given hirth to n young girl :tt Aqua to• . ..-n.

a. 2.1786 At !l a.!n. in .'\qun nak.lsse;· Creek; it was a fine morning

and ~ arrtv<:d at Aqun Bnkasscy corral at 1 o'clo<.k. I frnmd Arcluhong J >uk~ and wen I alotlgsidc his canoe. r rook a bottle ofbcf~r lu drir.k wirh him and we rallc·d first at N(·w Town and :»tayt'd al flu: louuliuH mul tlacu wt:ut to lt)Wfl at :J ,,•, fork. Wr:. walkr.d up to the: palavc:r hou\c tn put lhc Grand Ekpe in tl•c house ami played aiJ night. Gmnlu:~.l"~da wt.nt :.twoay with

'639 sfavt's and TcJ,,lher. 7 J ,

I I I. 2. l 78() About 5 CJ.m. I ·, .. as iu Coqua Towa and :\rchihcmg desires

me to walk up to Car:ncroon •vith l1im, so I dici and we pnsscd 3 little Camcro(~fl towns (,>n the W~!y. \Ve walked until 1

o·clock •.. to gt:t to 1.1ag Town. Tncre thry killed a goal and dashed rnc 1 irnn OJncl ~ rods. So we hnrl a long discussion with them nhout Archibong,s trading JOOds. So they paid a bny slave and bC"!JJ.;Cd us to drink doctor (mct!icinc:) with them. So Archihong made one of his r.·uher's sons named Ebctim drink doctor with l1im. Tlacy clash us onr male cow to be killc:d arul rJ rods lbr du~ chop. We c:unc down at 6 o'clock at night .

• • Captain Potrr.r wc:.t m ... ·ay with 2:l,J slav~.

'7·3·•7B6 .•. Wt: camr! a-;!aorc.·&nd l rnok (Jnt; goat (IJ rr:ake doclf'lr

at my gt>d basin ..••

Apeendix 1

ETUBOM (DR.) EYO OKON AKA K

-, Ill. ANGL?-EFIK TREATY AND DECLARATIONS: I

A S ALREADY noted above, the Anglo-Efik Treaty of Friendship and Protection, dated September 10, 1884 is of great historical sigtuficance since it is directly connected with the present clatms and counter-cla•ms

over Bakassi Peninsula. It is equally signrficant In relation to the Anglo--Gemtan Treaty of 1885 in the Bakassi dispute between Nigeria and Cameroon For this reason, it becomes necessary to have an inside VJew of tt as to ats interpretation. implication and role in the on-going battle over the peninsula.

Side by side with it are the three Declarations also mentaoned above from the people within and around the battle field -the Efuts of Usak-edet. the ldotnbas and the Tom-Shott Islanders, all of whom are drawn into the dispute because of their Declarations, whtch are equally relevant in detennming the ownershap of Bakassi Penmsula The Anglo-German Treaty of 1885 as certainly to be here reflected along with these docuntents, which for easy reference are produced from the Pubhc Record Office F,O, 403/4 7 pages 27 - 2~

The Treaty with the Kings and Chiefs of Old Calabar. dated September I 0. 1884 is a Nine-Article Treaty with special note on Artacle I, where Her \laJCSt~ the Queen of Great Bntam & Ireland undertook to extend to the Kmgs and Chtcfs of Old Calabar and to the terntory under thetr authonty and JUrisdlctron. Her grac1ous favour and protection This document is herem produced m full as Appendix 11. The Efut Declaration came earlier on 8th September. I 8 84. followed by that of ldomi on 9th September. 1884. while the Tom-Shott Islanders came last on IIth September, 1884. lt is worthy to note that all the three w1th one VOICe say:

"We, our people and country are ... ubjec.:t to tht.• uuthority und juri. .. diction of the King ... and (.'hiejt; of (J/d ( 'ulabur. .... ••

These Declarations are herein produced as Appendix Ill. and objectively. they show that Anene 's remark was somehow subjective. because as earlier sasd these coastal territories east of Rao del Rey had themselves declared carher as subject to the authority and Junsdiction of the Kings and Ch1efs of Old Calabar Being thus subjects to these Chiefs. they automatically and dtrectly became a party to the said treaty. that had been srgned by their Overlords on the1r behalf The three docun1ents- the 1884 Anglo-Efik Treaty aiQng wnh the three Declarations of 1884 and the 1885 Anglo-Gerrnan Treaty. bemg histoncally vstal and related. att'

7

WHO OWNS BAKASSI'! ANIE ENYEN£ BAKASSI?

of great Significance because of the tnpartJte role they have to play in the p~ d1spute between N1gena and the Cameroon over the ownership of Bakass~

11 reflected in WHO OWNS BAKASSJ? These documents are real testtmonies in confirmation that Bakassi PeniJlsuq

in the 1885 Anglo-German Treaty came under Bnt1sh control and protection, 1r14 t:,at Her Majesty the Queen of Great Britain & Ireland in the 1884 Anglo-£~

"Treaty had earl1er accepted to protect the people of the area as Her British PI'Otec:teQ Slbjects, since they were already subJect to the authority and jurisdiction of the Stik Kmgs and Chiefs of Old Calabar, wrth whom she signed the Treaty Of Friendship and Protection in 1884. This is a true statement of fact as con finned b;­Claude MacDonaJd, the British Consul in Calabar, in his protest letter of 18th December, 1894 - fifty years after the 'freaty of Friendship and Protection, to the Gennan Governor In the Cameroon against the iJJ-treatment gaven to ChiefEkanern Esin in his Ekanem £sin Town in the Peninsula.

The Consul in hi.! protest letter, among other things says:

"Has Mr. Klauss any fault to find with Ekanem Esin a Briti.Yh prottcted subject, and had he reported the matter to me here, l'11Jt1ediate notice would have been taken ... Ekanem Esin is a British protec.:ed subjecl and as such I hold myself ruponsihle for his action sltouid he have done wrong, I will have him punished, hut I again beg to r:rotat most vigorously against the action of Mr. Klaus.~'~H Se~ Appendix IV for ddails as herein produced

We can therefore, objectively conclude that the owners of Bakassi Peninsula aoce Efiks an Efik territory, which was once under British protection by the 1884 kglc-=fik Treaty, and still we strongly emphasise that Bakassi as a whole is an ifil< temtnry a.; canfinneci and uphold by a thousand and one authors and histonans, includins Ajomo, who in ono ofhis theses writes:

"/t ha.- been estub/isllttl by research that the Efik hod long es/11/Jiblted on BoiaJs"i/?ng btfore the advent of German trader.~

1111.d colonlzers ". ~.~

IaoJ.o.wo 18 ha No. 11. 'l'r•ll wiiA Ki'llf• uul CAi(/'1 qf OltJ c.lakr, &pt,.lwr 10. 1884.

U£R "~~,., Oao Qu~'OD or lllo Unhctcl KiD~OIIl or a, .. , Bri&.aiD awl lnl&all. l.:...lto"'*' ot Juciia,. &.o... aAll ll.>~ Km11• aa.J CwoC. ot1:>W c.J .. bu·, beana d .. inn'' •f ~DUD• ~:1 .: .. !,:!--:i::!.~U,~ C.l.ao rvJAliol&ll of. P-C. &1\d frionil.tblp wbicb t..Yo fw M lone

l'or Unr.nalc lb..i•'j Ita. nunoJ au!l •a.-a•oiaf.o..t E. D. 11~••"• &aq., bu Oo~t•w

wr ';~~.t' f ft:'j~:::u. 0&.'~:" ,::,t~~~'":.',.j.l• ~"{:;!1 ~~r &'!&u!loiii c.JabN- .._,. •.;ri.4JJ 11poa u.d cooc.~.ui«Ml &ob• foJlo••u6J .A.rlicloa .-

AU.'J.'IOLH I.

1'1ao Kla1• &&o&.l CLo\1rol ol Olcl C.labar ogr•• and promiM f.o rafroU. f,........lctrlna Into anJ cor,..,.IIIOR!.Iuu..:.,, A£'roocuonl, or •rrt.~olr ~tiLLa •ar fonu~ru aatiou orl"owor, •ace pc. •ac.l.a &.bet koowJuci6JO a~uJ ... nc:laou uf Uor D"c..anic WDJo~l-1'• Oo'roroaaon\ •

.Ail.TJOLB Ill h a. ~tMC& ~' full u&l u.d...&'ro J~o~ri.Wol.ioa, .Un& ...& orimia.al, uur Urn~Mb

•w'uV>~~&e aa.l t.Wr pru~rll ••. ''"' a.rriwrJ of Ol.l Oa.la"-r l.a r....n..d w Uer Ur• &.aua.•o llaj.r!r• w IMJ -.. .. ~ .... " llz .....U.. Cou"""" vt ••b•r oOW.•• .. U.. ~•&1 ,.,a..u •IJNH&" 181

Tlae':::iui•cJillc.tOD it llkewiM ,...,..~ &.o Her ~ .... 1 ln \b• .... ~ t.NnWIJ vi OW o.l&bu o•er foAi.ID aubjoc .. eDJoti,PII Brhlab pro&.oLioa, wbo elaaJJ b. ~ 1.o -. i.MI~ ia ll.wl e&6J"_....oa ••llri&.ieb auliJ"' • &brouctaotA' .W. ~.

A.BTlO.LB rv. All ~ ......, ... U.. Jtlap aacl Cblofe of Old Oalaba.r, ·or hol.wc:eo I.Lt•w

ew .,.... .,. Ion~ ~.radon, or bol.woon c.bo •fotOI'flcl KiDI• ar.cl Obiere ..,ul u.:i;L.&Muill&' l.ribo.a. wh1cb canuol. bo toU..Icu •amicablJ bet.wcon &.lao l.wo "ar&.i.-. ol&aU b.f Mi.lualt&utl llo Uao Dri&.l&b Ooulllar or oLJaor omcor• &fpuiu&ed by Her Dnt.auoic ... J'*'1 1,) c•cn:i.N j~U"&.did&oa in OJJ O.labar &orrUorioe for ubiuaLion ahcl dccU.iou. or fur •• ,.,n"c.ac•tA.. Tbo ...iJ JCha:• ancl Olah:l'• eba.U ba•o lbe ri~rb&. lo -.,peal &.o H•r lalajo•Lr'• :S.:~r.;&.ar1 of 8t.aa. lor li'orei.fa .AO'.i.ril acaiWJI. t.be doclalioe of lbe OoRHI&r or oU.or Oll;c.:n.

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or ud..u- .ticcn i.u 'be Uoct&&ioa ol auch dut.iu u may b. a.apa•cl l.o &bam ; ud. (ura~r. to "' Ypoa &boir adt"iect ia &&Uenl nlat.ilfc t.o c.bo adm.iaiet.. :\Uoa of jautl.iee, the J.:h Jopc.uoa.L of Lbe J'IMalCQt of Lb11 COt.IULry, U .. ia\ei'CIIA of c.tmmcree, or ia &DJ 0~ uuucr iA ~la&»u 1o pc..ce, ordor, a~~J l'ood _goYornuaont., &Ad lbe ltQonJ pro,.,_ "!. ~.-i.-,;~ allj.U ae ap~,· .. i.a ~ IV • .,aiall. acU., .apoa \M ..a,.c. or U.. l ~H~Mukr or....., olioon.

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18

ARTIOLB All Mioiatcn of the ClnU.tiAn religion a hAll

ling within tho t.crritorica or 'h• AforUAid Ki m full protcctioD.

All for"DU of religious worship nnd reli;,iou1 ~itoriea of t.he etloreaaid Kinga and uhie rek).

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ofa wiij give them all the o.uiatanco in their Alao recoyer ud dcliYer ~ the -owner•

I&'Y~. If there are no aucb owncra or Agenta on t

vered to ~:-._- British Consular or otbcr officer Tho ·Kin..- _ 1d Chiefs furLhcr en_gage to de

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ETUBOM (DR.) EYO OKON AJt\~

11 IV. 1885 & 1886 ANGLO-GERMAN TREATIES

L ET US continue here to examine in details the contents, significance antJ implications of the 1885 Anglo-Gennan Treaty to see how it has rea~. sparked out the conflict between Nigeria and Cameroon as a result oftl!t

1884 Berlin Conference of the World Powers, who in their agenda on the partitt~ of Afnca, finally fixed in 1885 the boundary between Britain and Germany at the Rio del Rey Nigeria in the course of this scramble and final partition of Africa came within the sphere of influence and control of Britain, while Cameroon wern under Gennany with Rio del Rey as the international boundary between thern This 1885 Rio del Rey boundary has since remained so w1thout change other than repeated and fruitless negotiations up to 1913 for a change or variation.

S1r William Geary in his book, NIGERIA UNDER BRITISH RUI .. E, published in 1927 with a reprint in 1986 in confirmation and support says:

"The coastal boundary between English and German territory was futd at Rio del Rey and Germany recognised as British all territory between Rio del Rey and the Colony of Lagos. The hinterland boundary w11s subsequent{v defined up to Lake Chad in a .~traight line with a bend to include Yola as British".

From Anene we also gather m confirmation of the above that the Anglo-Gennan negotiations agreed on Rio del Rey as the eastern terminus of the British spheres of influence on the Atlantic littoral in 1884 when Lord Granville was the Brittsh Foreign Secretary. This area as he says, was dominated by the Cross River and its estuaries~ 1 ~and Bntain in her view, was out to safeguard what was assumed to be the Efik Commercial Empire Consequently, they agreed on the Rio del Rey-Cross River botmdary, which was readily accepted by Gennany in the treaty they signed on 16th June, 1885 lfi

16

WHO OWNS BA KA~SI.! ANIE ENV EN E BA KASSI?

THE 1885TREATY 11

B efore signmg the 1885 Treaty after their negotiations of 29th April-6th June. 1885 to define and/or determine their areas of authority and influence in the Gulf of Guinea and intenor district as embodied

in the AGREEMENT NO 260 between Great Britain and Germany, relative to thetr respective sphere of action m portions of Africa, Earl Granville in his dtspatch of 29th April, 1885 from the British Foreign Office to Count Munster wrote as follows:-

"1n my note of 19th ultimo, I have the honour to forward to Your Excellency the draft of a Memorandum of Agreement for separating and defining the spheres of action of Great Britain and Germany in tho!ie parts of Africa where the Colonial interests of two countries might conjlicL In the subsequent negotiations it has been notlfU!d that the German Government accept the proposed Agreement with certain modifications. I am consequently now in a position to state that Her Majesty's Government are prepared, on receiving the assent of the German Government, formally to adhere to the following Agreement".

Upon acceptance of this proposed Agreement by Germany, the two Parties consequently, got themselves bound by signmg the 1885 Treaty where:

''Great Britain engages not to make acquisitions of te"itory, accept Protectorates, or interfere with the extension of German Influence in that part of the coast of the Gulf of Guinea, or in the interior districts to the east of the following line, that is, on _the coast, the right river bank of the Rio del Rey entering the sea between B-42' and 8 46/ongitude east of Greenwich; in the interior a line following

"the right river bank of Rio del Rey from the said mouth to its source, thence striking direct to the left river bank of the Old Calabar or ('ro.'is River, and terminating after crossing that river at the point about IJOR' of longitude east of Greenwich, marked 'Rapid' on the Engli.'ih Admiralty Chart".

17

ETUBOM (DR.) EYO OKON Ak..\~

Then follows also simultaneously, where

"(iermany engage.lfi not to make ilcqui.dtion.\, aC£:ept ProteL'Iorate ... , or interfere with the exten'iion of Briti'ih influence in the coa.\t of the (iulf of (iuinea (ving between the right rb•er hank of the mouth of the Rio del Rey, as aha~·e de~crihed, and the /lriti.'ih ( 'o/ony of Lagos, nor in the interior to the we~t of the line traced in ihe proceeding paragraph". 17

Germany, from all mdtcattons, dtd stgn thts htstonc Rto del Rey boundary Treaty as confinned by records, Histonans, Authors, Journalists and Natr among several others, who by confinnatton says

urhefiveyearsfollowing the e.'itablishment of the Protectorate pa.'i.'ied by uneventful~~· and the administration during that period c:ame to be referred to as q paper Protectorate. The Headquarters of the Protectorate, which was defined to include the coastline between Lagos and the right bank of the Rio del Rey and the banks of the Niger from J..okoja to the sea were at Ca/abar - Duke Town''. 11 .

Th1s 1s the 1885 Anglo-German Treaty - the R1o del Rey boundary treaty between Bntam and Germany, and the treaty that stands the test of t1me, wtth full text of its contents m its true perspectives here m produced for easy reference It 1s now one hundred and fourteen years since it was duly signed by Britain and Germany, but still stands as the Rock of Gibraltar and a living witness and testimony in the Nigeria-Cameroon dispute. All ~gotiations by both parties, efforts, struggles, threats by Germany, and not even the two World Wars of 1914 and 1939 triggered by Germany could nullify, change, or alter 1t, other than provisional and administrative procedures agreed, adoptea and applied by both parties to it. This and the subsequent ones and the Agreements are the remote causes of this dispute.

WHO OWNS BAKASSI? ANtE ENYENE BAKASSI?

11 THE 1886 TREATY

U nfortunately, as earlier said, within just one year of stgnmg the above treaty, Germany demanded for the extension of the boundary line further m to the hinterland of the British sector, and between June 21

and August 2. 1886, a supplementary AGREEMENT NO. 263 was reached for the extension of the boundary hne from the point on the left bank ofthe Old Calabar Raver or the Cross River where it originally terminated to contanue daagonally to a pomt on the nght bank of the River Benue to the east of, and close to Vola 1

'J Tius could not gave Germany what they really wanted, especially when tt was later discovered that Rto del Rey dtd not cover 80 miles in length as earher envtsaged m the 1885 Treaty. This again called for further negotiattons, whtch could never solve the issue, since Britain stood firm by the origmal Rto del Rey boundary She clatmed that the land was thetrs by thear treat1es wtth the Kings and Chtefs of Old Calabar, and honestly with all sincerity sat d.

"/tall belong ... to Old Calahar Chief't. .. it ; ... also important that the trading frontier ... of the Calabree middlemen should a ... far a ... pos.dhle he repeated in the international .~ettlenrent ". :n

Therefore. m the hght ofthese exposures, the 1885 Anglo-German Treaty on the Rao del Rey boundary remains unchanged. nor altered m sptte ofGennan moves and attempts at vanous stages, time and penod from 188~- 1888 to have tt changed during thetr abort1ve negotiattons. Bntain was certamly adamant. while the Germans were leaving no stone untumed in their desperate efforts for a change, re-adJustment. or any concesston to allow them an mch of land wathm the Penmsula lt was neather easy nor possible because a look uno the Map -THE MISSION MAP OF OLD C ALA BAR. produced for example. b:v th~ Edinburgh Geographical lnstatute and John Bartholomen & Co~ clearly indacate!» German terntory to the east of Rto del Rey as a tmy portaon of land followmg the north-east strat_b~t line demarcation into the Cameroon terntory

On the other hand. the same map shows the Bntash territory as covenn~J the whole of the Peninsula from the south to the north wtth Efik v1llagcs atll. towns evenly spread all over the area This, as a matter of fact. should be transparently clear enough for those clamung ownershap ofBakass1 to reconsader their respective clatms The sooner th1s ts done. the better. othcnv1se. ~my amount

IQ

ETUBOM(DR., £YOOKONAfC.41

{I me and energy m vested ins fnutless litigation. nationally or internationally, Ilia·, t."'qlmlly end up as wasted resources, efforts and endeavours. lt all amounts ro; fru1t less vetJtu re

Smce Gennany could not succeed m the1r 1886 - 1888 negotiations for a change. we can still go into further developments that followed before and after

the Flfst World War m I 9 I 4 • /9 I 8, when Germany unfortunately lost all and all1 the end of the war. mc/udmg Bakassi Penmsula as shown m Appendix V herell!

produced. TI1e next Chapter opens with Gem1an filii detennination to have a foa. hold m the Peninsula with a shifT from Rio del Rey to Akpayafe R•ver, but Brita~

diplomatically offered them a Greek gifT. winch eventually could not satisfY therr \'eammg and objective

\\110 0\\:\\ BA 1\ ·\ ''~'' .-\~lE EN\ t-:NE. BAKASM'!

r - · -·~

~1890 & 1893 ANGLO-GERMAN TREATIES I

G ERMAN frustration on the shtfting of the Rio del Rey boundary westward m Bakass1 Penmsula contmued With ftuther conflicts msp1te of Briush concessaon to allow them a breathmg space to the north of the Pemnsula

in their prov•saonal Agreement of 18R6 - 1888 Efik traders m the area were badly treated as Gennans destroyed the1r goods. and drove them away The cont11ct contmued to 1889,.::1 before the 1890 AGRE~MENT NO. 270 came to solve the issue. But that d1scovery of Rio del Rey as not runnmg deep mto the hmterland temtory ofthe Peninsula as previously misconceived in the original 1885 demarcatron lane, actually gave rise to a prov1s1onal hne of demarcation being drawn from the head ofthe Rao del Rey direct to the pomt about 9•'8 1 oflongitude east ofGreenwtch. marked 'Rapid' in the British Admiralty Chart, as per Article IV (2) of the above mentioned Agreement of 1890, dated I st July, 18QO, and it reads:

"It ha.,•ing been pro.,•ed to the .t•atbifaction lJf the hvo Power!t tht1t no ri"·er exists on the (iulf of (iuinea ctJrresptJnding with that marked on maps as the Rio del Rey, to whk·h reference wa ... nuu/e in tht! Agreement of /885 (N(). 2fJfl), a prtn•i.dtJntl//ine of tlemart.·ution i ... adopted between the (ierman .'tphere in the ( 'ameroons and the adjoining Hriti ... h sphere, whic.:h ... tarting from the hetul of the RitJ del Rey Creek, gtJe ... direct to the point, t~hout fJ''H' of ea ... t /on)fitutle. marked 'Rapid' in the Briti ... h Admiralty ("ht~rt". ::

Specifically, Gem1any in that 18QO Agreement had wanted the shiftmg of the demarcation 1ine westward fron1 the Rio del Rey to Akpayafe (lkang) R1vcr .. but Bntam only agreed for a likely concession tentatively and conditionall}· that the navigable channel of Akpayafe River would follow through to the sea~ ana t~H! channel was also to be considered as lying east of the combined Cross Raver and Calabar channel As 'usual, there was no consensus and so the conflact contmu• to-drag on when m 1893, another attempt on the modificataon of the boundarv I me by revie·vmg the 1890 Agreement in line with its Article IV (2) abo .. ·e was cons1dcr~d necessary

t. I u DVIYI \UK.) ~ vo OKON AkAl(

THE 1893 TREA1Y !I

At thts stage, the two Powers, having agreed for a further review, did enter mto _fresh negotiations wh1ch resulted in their signing of another AGREE\fET'\T NO 273. dated -14th ~nl, 1893 at Berlin by the following:.

I 1l1e Honourable P Le Poer Trench. Her Britannic Majesty's Charge

"' _.,

d'Affatres and First Secretary of Embassy Str flaude Macdonald. Her Britannic Majesty's Commissioner and Consul-General ofthe 011 Rivers Protectorate. Dr Kayeer, Privy Councillor, Chtef of the Colonial Department of the Imperial Gennan Foreign Office. B Von Schuckmann. lmpenal Councillor in the German Foreign Office

1l1e three-Article Agreement Preamble reads: uThe Under-Signed. After drscusston of vanous questions affecting the fiscal interests of Gennany and Great Brttam m their respective territories in the Gulf of Guinea and w1thout preJudtce to the condttrons laid down m Section 2, Article IV of the Anglo-Gennan Agreement of the I st July. J8QO (NO 270), as also the conditions latd down m the Anglo-Gennan Agreements of the 29th April/ 16th June, 1885 {NO- 260) and the 27th July/2nd August. 1886 (NO 263 ), have come to the following Agreement on behalf of their respective Governments".

-\ rticle I: That the pomt named m Sectton 2, Article IV of the Anglo-Gem1an

Agreement of I st July, 18QO (NO. 270). as the head or upper end of the Rio del Rey Creek shall be the pomt at the north-west end of the island lymg to the west of Oron. where the two watei"\Vays, na1ned Un1fian and fkankan, on the German Ad1mralty Chart of 188Q - QO n1eet.

·ticle 11: From the upper end of the R10 del Rey to the sea. that is to say. in the promontory marked \Vest Huk pn the above-ment•oned Chart. the right b~nk of the R1o del Rev watcrwa~· shall be the boundary bet\\·ecn Oil R•vers Protectorate and rh~ Colon~· of the Camcroons.

WHO OWNS BAKASSI"! ANIE ENYENE BAKASSI?

Article Ill: The Gennan Colonial Adn1inistrat1on engages not to allow any trade settlements to exist or be erected on the right bank of the R1o del Rey Creek or waterway. In like manner the Administration of the OiJ Rivers Protectorate engages not to allow any trade-settlements to exast or be erected on the western bank of Bakassi Penmsula from the first creek below Archibong ~s village to the sea, and eastward from this bank to the Rio del Rey Waterway.

This Agreement was signed in Enghsh and German languages by the four. whose names are above written, on 14th April, 1893 at Berlin as above indacated But soon after the signing of this Agreement, trouble started because. as in the previous cases, there was no precise delimitation of the boundary hne, and so on 15th November, 1893, another Supplementary Agreement was made in an atten1pt to spell out the exact boundary line These Agreements of 1886, 1890 and 18Q3. according to Ajomo, only sought to correct the anomalies in the 1885 Treaty to enable the delimitation conform to a physicaladentitiable and hun1an boundary on the ground between the ethntc Efiks of Nigeria and the Balundus of the Cameroons In his opamon, the 1893 Agreement in particular, has achaeved thas objective. for having the vtrtue ofavoidmg artificial spht up ofkinsfolks or related comnnmitaes, and of keepmg contiguous terntories together with the use of Rio del Rey as the demarcatton point. :J

O.~tcar Ede, ur /ritt c.v11tributi01r 011 tire 1893 Agreeme11t of 1.ith No\'emher .\liJ':'.·: uThefrrltfourAgreemellt~(l885, 1886,1890 & 1893) luc:kedthenec.·~·.ttar)' demurc.Y.ttiollfuctors. E."Cceptfor that of l..ith Nm,ember, 1893 wlriclr attempted io proper(l' demarcate tire ureu uffec.ted, u/1 other Agreeme11ts were ba.'ied 011

u.uumptitJIIS und ctJu/d be.frit he described as 'i11trlcute fJiec:e of urm-c.·lruir geography' .•. Negotiated eitller ill llerli11 or l~o11don. ~reg/ec.1i11g tile /ocul ruler.~".:.~

But this 1893 revised Agreement which seemed to sidetrack the onginally agreed, acknowledged and accepted Rio del Rey boundary between the British dominion of Nigeria and the German dominion of the Cameroons in 1885 sparked out a very serious problem and conflict. lt made Gennan soldiers to break through the R1o del Rey boundary into the British territory with very unpleasant developments as evidenced in the protest letter of 18th Decentber, I 894 from Sir Glaude Macdonald, Her Britannic Majesty's Consul-General at C'alabar to the Gem1an Governor in the Cameroons. as in Appendix IV already produced.

t: I U HUM (DR.) EYO OKON AkAk

The Consul-General complained seriously of n1altreatment on the part of the Gennans of the natives ofBakassi Peninsula at the Rio Del Rey Creek and the area within Akpayafe River, which he considered to be a British territory. 8cdt Powers were struggling to hoist their own flags, while Gennan soldiers and their Military aids were at the same time killing as many as possible in addition to wanton destruction of property, especia1ly at Ekanem Esin Town, where the Chief and ~\Jlder of the place, as stated in the protest letter, was arrested because he refused {haccept three bottles ofbeer on 17th October, 1894 as enticement to allow Gennan &tule over his land. The Consul therefore, in h1s protest letter, made it qu1te clea'r that the boundary was not demarcated as such, and very strongly protested against Gennan attrocities m the territory as he said.

"I am confident that Your Excellenc.y will .'tee the matter proper(J' adjusted and the tluty levied by Herr Klau.-;~, no doubt in ignorance of exlstlng arraT19.~ents, returned to the c·hief und his people, and the four armed Representative . .; of the Kanrerun Colony withdrawn, also his flag and document returned to him".

On the boundarv which was yet to be demarcated, the Consul-General concludes

"I have received no offlclallnformatlon from the Imperial (,'erman G011us:•11ent of the establishment tJ/ a Cu.'tt(}m.'i .4itatl(}n at Ekanem Esln ]own, and I cannot ln any way recoxni.'te the exi ... ·t~nc:e tJ/ such a .•ration until the dellmltatian wlriclt I heliew! i.tt ... ·hort~a' to h~ taken In hand, has laid down wit ere the hountlary ;,,. to he".

The CoosuJ-General who filed this protest from Calabar. shows clearly that ''r:tain was never yielding in her stand in respect ofthe 188~ Anglo-Gennan Treat) ~·dl gave Bakaui Peninsula to her with Rio Del Rey as the botmdarv between heJ and Germany. tie as ooe of the four sayn'lltories to the 18Q3 AgrremcJnt (No ~73J of 14th April, 18931t Berlin. Wl'l protesting as anms1der w1th aH fucts. knowledHf and ucreu of th~ gm'le bdween Sraain and Germany 111 the boundary tussle in the Per~insubt. Otherwise. 'f the Agreeruent he personally signed in 18Q) had 3l."tuaU) IP•tJ• the terntory to Gennany. he wouid O(f. ha\-e the courage to boldly and publici)· c:nal&cwlp ~~ Omnan antrudi-rs in the area fiJ .f1c: extent of demandang thear nnmediate ~~W.« ~~stall, he bluntly .,1d boldf, refused to recogwuse GcmWl p~ +\t.t,"'c,as~1n •• :y ~hy the 1 8S~ Tr•:~· '"'·b·ch l1.1s not bt~t replaced by any cdtet

Jmpllc ofnu~l"t'il ·\greenwuu ~ .. 1 p~per. foik·wl.l1~ •)fle 3n~her at the md offnndess r.CI(Itaauoos. I~ Yt'al 1il:! fonu of l:Jn:tsh d;.•loea~e·~· !ll n ~::rallfi st~-te ro rose the Germans ··r--"~~''

24

WHO OWNS BAKASSI? ANIE .ENY ENE BA KASSI~

In the Consul·s protest lies the tn.hh that up to the end of 18Q~ there "as practieally no other treaty to replace the 1885 treaty on the Rio Del Re\ bounda~ and there was no demarcation line as well, as there was no,comprormse betv-~1 the two parties. Germany could not be satisfied as long as the bounda~ remame-d at Rio Del Rey, and Britain would not surrender her terntonal gams. and so the tussle continued soon after each Agreement or proposal, because of the armchau calculations, speculations, assuptptions and presumptions UnfonWlately, the I ~th November, 1893 Supplementary Agreement, thought to be a rehef, could nor puli the weight, and the need for another manipulation came wath the I QOo and l Q(lo Agreements, which still could not solve the boundary problem. We can here refer to them in passing for record purpose and historical reflection

ETUBOM (DR.) EYO OKON,u,

11 mE 1906 & 1909 AGREEMENTS ,,

B efore the 1906 Agreement came to be signed on March 19, 1906,; Boundary Comnussion was already set up in 1895 for the delimit.atiaJi demarcation of the frontiers from the sea to the Cross River and aiOJ&~

bDWldary The Commissioo submitted its Report in 1906, followed with the si~ ~the Agreement on March 19, I 906, by both parties, based on the Repon!

-received It was only au attempt to redefine the boundary with some provisiQ 'Or equal rights of fishing and navigation on the river boundaries. Still more, indi~ occupying land which was due for transfer to the other Power were free to che» which side of the boundary they wished to reside Above all, the RepresentatJ~ of the two colonial Powers were given the discretion to vary the proVIsional line e

mutual agreement if focal conditions so demand. 25

Th1s 1906 prolfllonal Agreement arising from the Report of the 18~ BoWldary Comnussion and those already made from 1886 - 1893 were not~ as such, but only modifications, adjustments and amendments on the J 885 tret s1gned, stamped, sealed and delivered as the bindmg instrument in respect oftt: Rio Del Rey boundary between Britam and Gennany in Bakassi Peninsula. Th I QQQ Agr~ment on the other hand, only defined the N igeria-Cameroon boundar · from Yol~ down to the head. of the Rio Del Rey, and is here just mentioned r passmg Th~ last in the serie~ of Treaties and Agreements was the 1913 Treaty c Agreement, which now stands as the most controversial document signed by Brita! and Germany. lt is here examined and analysed for honest, fair and objecti,., comments and conclusion on the Bakassi dispute arising from the 188! ~glo-German Treaty on the R1o Del Rey boundary m Bakassi Peninsula.

26

WHO OWNS IIAKASSI? ANIE ENYltNE BAKASSI'?

11 VI. 1!113 ANGLO·GERMAN TREATY ll THE QUEST by Gennany for a foot-hold oo the west bank of Rio Del Rey

led to subsequent negotiations and Agreements of 1886, 1890, 1893, 1906 and 1913 which sought to amend the 1885 Anglo-Gennan Treaty for that

purpose, but not even the one of March 11, 1913 as the last in the series could achieve for them their envisaged objective. When finally they pressed that the Rio Del Rey boundary of 1885 Treaty be shifted westward to Akpayafe (Ikang) River, Britain, as said earlier, maintained that the navigable channel of Akpiyafe River be followed to the sea, and be also considered at the same time as lying east of the combined Cross River and Calabar River channel Germany could not see her way through, inspite of continued efforts on their part to achaeve success and lasting solution in the 1913 negotiations.

If they had succeeded to shift the boundary, 1t would in effect, mean the transfer of Bakassi Peninsula from Britain to Gennany, and from Nigeria to the Cameroons in the present circumstances, and the transfer of Efik Kmgdom from N1gena to the Repubhc of the Cameroons This is where the present conflict, arismg from the 1913 Treaty begins and ends. But all we know so far, 1s that the document was not a treaty as such, and is therefore, neither legal nor bmdmg, other than bemg a mere controversial document of a wartame mobihzataon period that was eventually and eventfully destroyed by the war that followed immediately after its production.

Precisely, what has now been established from the above. is that the two Powers did meet m 1913 to discuss their Rio Del Rey boundary problem in Bakassa Penmsula, and that they maght have arraved at certain conclusions for their mutual co-exastence at the boundary area, but whether any agreement or treaty was sagned or not, is uncertain. Another fact that stands clear as that, even if anything was signed, never was there any physical demarcation of the boundary on the ground, because of the time-hmit at their disposal m relation to German involvement m the Farst World War, whach she started in the Balkans in 1914. Brrtain likewise entered the war on August 4, 1914, after an ultimatum to the Germans to evacuate Belgian territory.:,, Therefore, the mass mobilization by the two Powers for the 1914 World War made it not possable for them to achieve their enVIsaged solution to their boundary issue.

EVIdence shows still further that, international Law demands the registration of an mtemational treaty ofthas nature with the World Organizataons but since the IQ 13 document was neither regtstered with the League of Nauons nor the Umted

27

ETUBOM (DR.) EYO OKON A~

Nataons Organazatron that followed. tts legal vahdity as a binding instrument as therefore, non-existmg, as it 1s accordingly and automatically declared null and voad Failure also on the part ofthe two Powers to have it fonnally ratified by their respectave Parliaments as a necessary condttton, equally declares 1t nuU and void.

Agam, still by International Law, a treaty can be tennmated if there is material breach that destroys the central object1ve of the treaty by one oiti1e parties, as~ was tenninated in thas case by Gennany, who declared war soon after the said treaty of 1913 Th1s m effect, constatuted a material breach that destroyed ncx only the central objective of the treaty, but also dragged the whole world into a war of human and matenal destruction. Stall on the same basas of International Law, Germany also termmated the treaty by causmg the war to create a stage of supervenmg tmpossabllaty of peltormance, along wtth the fundamental change of carcumstance. from peace to V'ar. 111 both cases to further destroy the central objective of the treaty, whach w.1s thus brought to eternal doom.

Bntam on the other hand, m pursuance of the 1914 war occupied Bakassi Pemnsula wrthm e1ghteen months of the alleged signmg of the J 913 treaty to keep Germany away from there 111at action was a clear proof to the world that there was no treaty that g'lvr ~ae terntory to Gem1any, and Bntam, havmg signed the 1884 Anglo-Efik Treaty for Fnendshap and Protection w1th the Kings and Chiefs of Old Calabar. had to protect the territory under thear control and jurisdiction, espec1ally m tl'nes of emergency m accordance w1th the treaty, and Bakassi as a sensat1ve anct strategic possessaon of the Efiks could not be an exception. The 1885 Anglo-Gem1an Treaty placed Bakassa Pemnsula, an Eftk territory under British protectaon. and Bntaan could not and would not give it out to another Power without the consent of the 1\.mgs and Chiefs of Old Calabar, w1th whom she signed the treaty 1l1e reaction of these 1\mgs and Ch1efs on the alleged transfer of their terntory to German) follows m the next chapter

So far. we can now come to the mevltable conclusion that the 1913 Trelty was unfortunately doomed to d1e a natural death as a result of the 1914 war tbat engulved at and at must be so. because the year 1913 was itself a war signal yar approachang wtth the IQ 14 war. wluch could not as well afford the two a chance to put the fimshmg touch on the1r IQ 13 treaty proposals. Obviously. the treaty (rf any). was overtaken and swallowed up by the events of the war that tore Germany mto paeces wath loss of lives. terntones. property and reputation. lt ended in 1918, and on Jul'.· I 0. IQ I o. Gennan Cameroon was partationed between Great Britain an(· France

28

WHO OWNS BAKASSI'! ANtE ENYENE 84KASSI',

So it was. because Gem1any started the war for the Austro·German domtnation of the Balkans, where her General 'Staff had been waiting for an opportunrty to stnke a blow in the west against France :::· But unfortlD1ately. at the end of at all, Gennany, by the Treaty of Versarlles of 1918, had to pay for war indemnity, a total of$6,600 milhoos (Six thousand six hundred millim sterlingpcuds), and also lost as much as 13 per cent of her territory, 14 percent of her population. 14 percent ofher arable land, 68 percent zinc foundries, 74 percent iroo ore and 19 percent coke among other losses Above all, she was not pennitted to enter into any unaon with Austna.~

Here in Africa, her Cameroon colony was battered. shared and swaJJowed up by Britam, France and Spa m, and equally unfortunate, it IS that thas IO&t temtory of Cameroon as today claiming Bakassi Peninsula on the basis of the 1913 controversial treaty, upon which Germany based her clatm over the Ptlli:nsula. But the basts ts rather weak and flimsy, smce the said treaty as a result of the war, ~ould not matenahse, and moreso, Cameroon was no more existing as a German terntory, but a common booty of Britain, France and Spain. The treaty in the Nigena-Cameroon Boundary Disput~ aloogwith British MandatetotheCamerocm comes up later m a separate chapter.

Furthermore, the Etubom Traditional Council ofthe Royal Court ofthe Obelia of Calabar in its Protest Letter of 6th July, I Q73 to His Excellmcy, the Militaly Governor. South-Eastern State of Nigeria on Cameroon molestation• in Bakuli Pemnsula comments as follows:

"It i.-. signiflcant that the Agreement of 1913, ev~n tltourlt lt ltu not been formerly ratlfled by the Parllam~nts of tit~ ColMIVltl European Power.t and could not be said to have overtaAe11 tll• ri11Ja of the native peoples, still had the great moral reJervatlOII tllllllt recoRnit.ed a~; lnvio/at~ the fl~ChlnR rlgltt1 of the 11allv~ pop11llll.ltM t( the Raln.tsi Peninsula in tit~ Estuary".

The Agreement. according to the Council, saya: "This right mUll .-..in u heretofore··, and in the final analysis, the Council ccracludea:

"The most valid reference from thlJ m11111111 co11cept of 11t1 Colonit)ng Powers of the tlme Is that they 111r• to NCOflllt# t1M protect the physical prDence and OCCIIptiiiDif of tll~ I'Miu•l• 6y a nath'e population. Thl! nllllve populatlo11 Will lite Eflb"."

29

ETUBOM (DR.) E\'0 OKON~t \\

F m ally, as sa 1d earlier, the 1913 treaty, apart from the events of the war~ cngulved 1t, lacked proper delimitation and demarcation exercise, as it merelyltt amb1guous references to the direction of the flow of the Akpayafe River lndt R1o del Rey w1thout anythmg concrete or specific on the actual boundary bdv,~ Bntam and Gennany other than their I 885 fixture With this coocJusion, we CQJs~ it necessary to produce here below, a B1rd's Eye View Table of the major T~ and Agreements of 1885 - 19 J 3 between Bntain and Gennany in respect of~ negotiations on the1r R1o del Rey boundary problems for easy reference and bet, understandmg of the 1ssue m general and the Nigena-Cameroon Boundary DispL~ m particular

EA TIES AND AGREEMENTS BEJWHN BRITAIN· AND GERMANY 1885- 1913

TYPE PROVISIONS REMARKS

Treaty Rio del Rey fixed as No specific landmarks NO. 260 boundary between both for the boundary,

with Gennany on and area the east largely swampy and & Britain on the west. uninhabitable.

Agreement Demarcation line Not precise and based NO. 263 extended from left mainly on assumption.

bank of Old Calabar & Cross R1vers diagonally to right bank of River Benue close to Yola to extend Gem1an influence to the north.

Agreement Provisional Same as above N0.270 demca rcation·

line from head of Rio del Rey to the point marked "Rap ad" m the British Admaralty Chart

--Agreement Right bank of Rao del No prcc1se defimt1on NO. 273 Rey water-way as boun- g1vcn

dary between Oal Ravers Protectorate & Colony of Cameroon .

.. Supple- As above along widl Slight improvement on Mentary fixing of ex.act boundary the above wtth attempt to \ Agree men t by using Rio del Rey as spell out exact boundary NO. 273 demarcation point & attempts on survc)'

& markmg

6. 1895 Setting up of Comn11Ssion to delineate :u:::!ls ~:~ ~~ Comm1ssion & demarcate frontier on boundary from sea to Cross River between Britam &

and along the boundary Germany

7. March Agreement Attempt to re define &m Ql Rqxrt (§ ~ 19,19QP ansang from boundary& prov1des Canmiss1m, it made spec.ii

1895 for equal fishmg & proVJSiCilS D1 the iiterests ci Boundary naV1gat1on nghts on native population who were Commiss1on 's River boundanes & free to carry on their Report. md1genes also free to trade & choose where to

restde on any s1de of the res1de.lt was a good boullda ry I me,and attempt on re-defining Colonial Powers' the boundary line. Representatives to vary boundary lme by mutual agreenlEtlt 1flocal coodiboos so demanded.

8 March Agreement Delimitation of the No proper delimitation & 11, 1913 Cross Rtver to the sea Demarcation exercise

other than reference to the direction of flow of Akpayafe R1ver & Rio de Rey Again, no ratificatiCil by both Power's Parliaments, nor registration at that time with the League of Nations

Source: <k'arOycne B F..ck: lllC Nigcrian-Cruraoon Boundlri~ Niserian Forum. SepeubeD' Cktter 1981. Pages 2% • 297. Also Th: map of Aftica ~ Trenty: \tllwt-e ID l~'lie.t13Jey.

From the above production, one can easily and clearly follow the tra'ld of events and developments that went in between the two World Powers in their seardl for a peaceful solution to their Rib del Rey boundary problems in Bakassi Pe:nin5ula. We can still follow up With a little ·mt;,re of our content analysis of the treaties in• their actual contexts, in continua~ion oftlus research for an open verdict. I

32

\\1100\\NS BAK-'Ci\1? ANIE EN'\Ei'E BAKASSI?

le VII. 1913 TREATY ANALYSIS Jl

HAVING BROllGHT to hght all facts and infom1at1on about the Anglo· Gennan Treat1es of 1885 - I 913, covering two decades and e1ght weary years of stntggles and confl1cts in the scramble for Afnca by Bnta1n and

Germany, we would at th1s stage continue w1th part1cular reference to the controversial 1913 document as to its validity or otherwase The analysis IS a direct reflection on 1ts loop-holes, demarcation problems. protest of the Kmgs and delegation to London, and goes as follows·-

i. TREATY LOOP-HOLES

Treaty loop-holes are indicators as to the reasons and why the IQ 13 treaty was not a treaty in force, as it was accordingly declared null and vo1d on the followmg grounds -

a. The two World Powers, Britain and Germany in their 1884 • 1885 negotiations at the Bismark sponsored Berlin Conferences were not specifically aware of the physical landmarks of the Rio del Rey area they were scrambling for, until the conflict got them to know later that it was largely in some areas swampy and uninhabitable

b. Not knowi.ng at the initial stage that Rio del Rey was not a River as such dunng negotiations, as earlier envisaged to have covered a d1stance of eighty miles fr~c.n the source to the sea. actually made it very dafficult for them to reach or have a consensus through out the penod up to I 913 negotiations

c The1r dehmitataons as a result of thas misconception. were therefore. not precise, but based mainly on assumptions and presumptions. wh1ch at the end,. hindered both survey and demarcation operations in the area

d Apart from the 1885 treaty, there were no ratifications of subsequent agreements since they were not trea\aes as sueh, by both Powers in their respectave Parliaments, and there was no reg~ration of any mstrument wrth special reference to the 1913 document with the League of Nations :;tt that time, ifthere had been a treaty in 1Ql3

JJ

e.

f.

g.

The three ~mponant processes in the making of a treaty are negotiatiQJ., delimitation and demarcation, but in 1913 review, the first two were mereh built as a castle in the air, while the third lacked the required base~ necessary factors of production for the exercise. It was at its best, a mere reference to the direction of flow of Akpayare River and Rio ·del Rey creek and nothing more.

These treaties and agreements were initially politically and economicalt1 motivated, since the intention of the two Powers was originally not to create a boundary as such, but mainly to calve out their respective spheres of political influence and power for economic exploitation of Africa. These intentions, aims and objectives are accordingly ":ell spelt out in their treaty documents, where for example, Earl Oranvdle m his draft Memorandum of Agreement, dated 19th March, 1885 to Count Munster In respect of the 18 85 Anglo-German Treaty referred to "separating and defining the spheres of action of Great Britain and Germany in these parts of Africa where the Colonial interests of the two countnes mtght conflict"

Here lies the truth, and again, the Preamble to the 1893 Agreement (NO. 273) stgned on 14th Apnl, 1893 at Berlm opens with, ''After discussion of various questions affectmg the fiscal interests of Germany and Great Britain in the Gulf of Guinea .. "

As a matter of fact, the 1886- 1906 Supplementary or prO\ asional Agreements did not in any way nulliry the 1885 Angi-German Treat~ on the Rto del Re~· boundary. otherwise. the two Powers would not haYe gone into further negotiations agam in 1913 on the same boundal) issue. /rhe IQ 13 treat). 1f an~. can best be descnbed as the most contro\'ersaal document of the centu~-. and being O\'ertaken by the supervenmg ampossibilit~ of performance and the fundamental change of circumstance caused b\· the 1914 war to destro~· its cenml objective. as sa ad earlier. bad therefore. been.declared null and \Oid/lt is so far for the loop-holes, whale others wall be reflected as we m~ve along .

. ii. FOWLER'S DEMARCATION ATTEMPTS

f . lt is here still necessary m confinnat1on of the treaty loop-holes to share the expentllces of Surveyor A G~ Fowler, who in 18Q5 made some attempts to physically demarcate on the ground the Anglo-Gennan boundary in Bakassi Peninsula From

34

WHO OWNS BAKASSI'! ANIE ENYENE BAKASSI'?

his letter of Apnl 15, 1895 to S1r Claude MacdonaJd K. C M G. H 8 M. High Comm•ssioner at Calabar, Vie know that all his attempts in 1895 oo the pound demarcation of the Anglo-German boundary in Bakassi Peninsula proved aboniw. 1t was so for many reasons which go to confirm the 1913 treaty as beins no vabd document, since Its validity was nowhere established.

The Boundary Comm1ssion was set up in 1895 as earlier said. to delinelle and demarcate the frontier from the sea to the Cross River and orher parts aJona the boundary. It submitted its Report in 1906, but even then and up to 1913, there were no markings on the ground. The Surveyor however, informed the Hiab Commissioner of his arrival at lkankan (Ikang) Creek oo March 11. I 195 to demarcate the boundary for a distance of eight miles towards the chrectial of Ekanem Esin Town, but wtthout success as he could not ewra start ftam the Initial paint on account of the first positton of the demarcation line being en the Jnii18I'OV' swamp, and covered at high water with three feet above the ground. His lltlqJt to cut a traverse line on one of the islands., was again frustrated by 1 deep creek and swamps within the area.

On March 17, 1895, he went in a launch to Ardtibong Town. and at. searching and finding the end of his demarcation line, he still for some handic.p1, could not continue the work as he later decided on a sketch proposal of' the medaod oftransfemng the boundary line from the initial point over to the mainland, becaUII of the high water and the swamps. He further reported of havina IJMIIl t.tu. nights at Oroo farms, but was also unsucceasfW in obtainina the latitude IDd lCJIIiludl by reason of cloudy nights. Later on March 23, 1895 he watt by canoe hm Ardubong Town to Ekanem Esin Town, where for 1 week he ....... himlelf iD cuttlng hnes in order to have a traverse of the roads towards On:m or Ndiaa R.iwr.

Finally, he left Ekanem Esin Town on March 31, 189S and bad 1 aucc.dld n1ght for observatton m an island at the mouth of Akp1yafe (1bna) Riwr Cll bil way back to Calabar, where he later produced the followina:·

I General Map of Old Calabar to Rio del Rey, 2. Plan of Urifican Creek to Factory Rio del Rey 3 Plan of Creek to Ekanem Eain 4. Traverse of Roads at Ekanem Eain 5 Sketch Plan of proposed trianplation to transfer initial Poinca iaf.o

Mamland. 6 Book of Sights calculated out.

)'

This letter is herein produced as Appendix VI for easy reference. (},, comments oo the Surveyor's unsuccessful attempts on his demarcation exera; can best be directed to the two World Powers who because of unprec1st delimitatioos, vague assumptions, presumptions, speculations and other nesatJ\\ factors could not have a clear and well defined demarcation of their boundary~ before or after their 1913 negotiations on the issue. Failure on their part to complete this most important demarcation process in the making of a bolDldary, autanatical~ destroys any claim of validity for the 1913 Anglo-Gennan Treaty on the Rio~ Rey boundary, which still remains as it was in the 1885 Anglo-Gennan Treaty Oscar Ede, on this boWtdary making process, refers to the World Powers u drawiJla lines haphazardly without regard for ethnic realities in Africa, because they kn~ that they were not going to occupy these territories indefinitely, and then concludes

"Tlley did not lnltially bother tlulmselves with tile complementtJry ntll.llre of the two most Important processes In boundary makln6 - be/Imitation and demarcation". Jl

Lord Salisbury, a fonner British Pnme Minister, in confirmation of the above said

tre have been engaged in drawlllg Une.t upon maps where no WhilemfUf 'sfoot ever ttod; we have been giving away mountaJns and rivers fUfd lakes to each other, only hindered by the small Impediment that we never knew ex~~ctly where tlte mountains and rl~rs fllld lakes were". JJ

Lastly, we conclude this ann-chair dehmitation and demarcation exercise with a Joke from the fonner British Comrnissaooer and ConsuJ .. Qeneral, who having personally participated in most of these Anglo-Gennan boundary negotiations, right}} confessed by sayJng·

14/ntlrMedtlyswejwJtnokabluependltllfdrulel'lllfdweputltdmmalfJidCIIiiiiNir Ulftl drew lllf~ blue llne to Yola. .. I r«tJiJJId dlinldng •lilm I '""' 5itling lu1vlng ., uudience wldr the Emir (ofl'olo) ~b)' hif ttibe, tn.lt•ms a vel)' fOOddUiw drt~hetfdn(}t/awwthmlwldtabiMepend/ltadWmmlllinethrOIIgh hlste"itot)'"'.u

TIJCse arc the JOkes and runs ID the makmg ot the J Q 13 treaty, which eventuall~ a11d unfortunately was overtaken by the events of the IQ I 4 \Vorld \Var that brought doom and nuns to Germany at the end of 1t all Fowler ·s demarcation attemptS could not succeed because of these aml·chair dchm1tation and demarcation ofthe two World Powers. who gave away mountams and rivers and lakes to each other w1thout knowmg where they were. but only to rejoice that they had drawn a bfut I me through Old Calabar to Yola m thetr IQ 13 treaty-document.

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WHO OWNS BAKASSI'? ANIE ENYENE BAKASSI?

iii. PROTEST AGAINST 1913 TREATI'

Another interestmg and very significant development ari.sing from the sa ad 1913 treaty was the Protest by the Efik King, OBONG EDEM EFEFIONG, the then Obong of Calabar against any attempt to sever any portton of has temtory. held m trust by Britain for ham in accordance wrth the 1884 Anglo-Efik Treaty of September l 0, 1884 oo Friendshtp and Protectioo without h•s consent He daspatched a two-man delegation in the same year to London, and the two were Pnnce Basse~ Duke and Pnnce James Eyo Ita, who later became King Eyo Hooesty IX of Creek Town They successfully presented the protest an the form of a Memorandum on "Land Tenure in Calabar and the surroundmg Dastnas·· to Mr Harcourt, the Secretary of State for the Colonies.·"

Surrounding Districts here mcluded Bakassi Peninsula, and the Keynote of the Paper was that lands in Calabar have owners, as they are e1ther known as town or country property, or House or Famaly property, or personal or pnvate property Furthermore, town or country lands belong to the country and may be tenned pubhc property These are controlled by the OBONG or ETUBOM of the respectave Houses or Famahes, who hold them m trust for the people, be at an town or m the forest The Obong or Etubom collects rent for these lands and.dastnbutes same among the various Houses or Families.''

As the Obong holds the land m trust for his people, so also dad Bntaan hold Bakassa Penmsula m trust for the Obong, and smce the Obong cannot part wtth the land wathout the consent of has people. Britam could not as well transfer or cede Bakassa Penmsula to Gennany wathout the consent of the Obong That was wh~ the Obong protested m IQ 13 when he rece1ved the news, and for that reaaon. the delegation was d1spatched to tell Mr. Harcourt, the Secretary of State for the Colonaes all about the Land Tenure System m Calabar and the surroundmg dastncu ancludmg Bakass1 Pen1nsula

We are however, aware ofthe Colonaal Office's reactaon to that delegatton and we know as a matter of fact and history that Bakassa Penmsula certamh remams an Efik territory an the Federal Repubhc of N1gena So at 1s because the Obong's delegation to the Colon1al Office in London did confirm that Bnum had not ceded any part or port1on of the Obong's terntory to anybody as contaaned m the HANSARD OF THE BRITISH PARLIAMENT of IIth July, IQ 13 reponmg on Southern Nagena under Land Ownershap. The delegation reached the chmar. oftts success, when Mr. Chathcart Wasoo M P In the Bnt1sh House of Commons asked to know from Mr Harcourt, the Secretary of State for the Colorues.

"Whether a!i !11ated by those who purport to represent the views of Chiefs a11d other native.tt from Southern Nigeria now visiting this coUif/1')', tire (itJvernment proposes to transfer tire tnmership of the land in Southern ~weri.a from the native ''Ommunities to tire ( 'rown or to dispossess the natives of their Jantr?

1-\Vfd Mr Harcourt an has reply~ sa ad:

·'NtJ, Sir, the <.'overnment have never made, have never entertained, 01rd

uv1uld ntJt entertain .~uch a propo.fal".

Th•s as how Bntam reacted mthespint ofthe [ 884 Anglo-Efik TreatyofF~a-c Praecttm to dle all~~ transfer of Efik land by her to Gem1a11y, because she knew that lt\\1s net a temtory acqtured by cx.n~ and would therefure, not have ceckd Bakassa P~ under her prc.(«tJm to Germany Without the <m SEnt of the Kmgs and Chiefs of Old Calat.. wtth whom she sagnai dtt 'btatY m 1884 lt was utdeed an act of good midt oo the pan ct Sntaut m hne With our coocn . .iiCil that the boundary between Nl!:,»ena and Canteroat nrnallS as 1t was at the t1me of sagnmg the 1885 Anglo-Gennan Treaty Bntam 's react1a1 to ~ Oba1g ·s delegati at thus oonfinns Efikas ov.mers ofthe Penmsula.. wJth purely Efik u1 cha~ at the west of Rao del Rey and the Camei1XIls fur to the east of 11:.

Rev Hr-'f)e Waddell in 1850, tlmty-fi-ve ~rs befure tl1e 1885 Treaty had dte C an1eroa1s and Bakass• as two separate cowrtnes. '"'and specafically refurrai to Rao del Rey as~~ bEtwee1 Calabar and the Cameroons "· By thas observation. 1t means d1at R1o deJ ~,I~ la1g be8l the ancaent and natural boundary fi;>r tile two eotuttries ever before d-ae c:omutg of~:. 1885 treaty. which was actually basai oo tlte phys1cal and p:>IJtJcal !,'tX>brrnphy aloog \\'111 rh: -:~ao-ethn•c canposltJSXt of the area. llte settleanents here rn Bakass1 Pena1sula are noo l:!fik 'With no •ndJ~'t!les of(ameroat 01 all dte fislung spots. vd13!:,wes and towns. such ash! Eflorn. lne Ekeya, lne Okqlech. lne Akpa lkang. lne Utan Asuquo. lne Abana. lne ~ Akwa I~ Edtm Abasi, MbEnnmg. An:hibmg Town, Ekanenl Esu1 TONrt. and many~ as ~cared in the Skach of the area hervUl pnxiuced as Apptndtx VII

Our analysis as pressted hereu1 tries to spaJtght a1 those areas ofdte treat) "ne, n.ndat itnuU m \00 right fianthe start. A little more ofrt wdl st.JU be refleaed as we ~-e llw.ad in the ne.~ Chlpters. but meanwhile, we can exarnme as a Chapter the ~· 11 the Cnnoc~": claim v . .,- Ba.kas .. Peninsula to SM.vAlec:her. it •s.. or ncx a vahd ilstrurniJI to

~ • ~o'aint.llte~ oftho 1914 War'*) the Cameroons as a colooy ofGennil'l' tttr4f\\as ~f\.t'l#d it,the war is as well t.:> be examuted wath particular reference t.;.

the British Man ... 1t.~ .s tbr the Camtroons and other dewlopments of the penod m th; territory to this ItA~

1

.... -- ........ ,. __ .. --- .. . ---"• ...J~ .. --.,#. ....... .... .J .. ~~-a:m ~;li'J'. YISH ~l!T'J'L._:\Ir!H'I'K. Vll,J.Alil;:i t. TUWJtf

lertained, and

ty ofF riendship 11~ he kl1ew that it wa! Bakassi Pa1insuJa fS of Old Calabar~ ith on d1e part of

tlller<XJl 1811aD1s

: reactia1 to d1e

~fik in character

WHObWNS tiKASSI7 AN1E ENYENE BAKASSI?

11 vm. 1913 TREATY IN NIGERIA-CAMEROON DISPUTE ]

THE ANGLO-GERMAN TREATY of 1913 has a significant role to play in the Nigeria-Cameroon boundary daspute, sance the ownership of Baka151 Peninsula is to be detennined on the bas1s of ats validity or otherwise. Th1l

'-'10 because, if it is accepted as a valid document. the area m dispute would go to 'ltle Cameroclls. as the fonner colony of Germany, but If not, it goes to Nigeria as the fonner British Protectorate. ln other words, the treaty has a dual role to play in this matter, and that is why we have carefully analysed it fully before declaring it null and void. Ajomo on has part, stmply descnbed 1t as a watershed in the Nigeria-Camerooo boundary, smce m hts opm1on, the fundamental processes of nogotiatioo, delimitation and demarcation necessary in the makmg of a treaty of this nature were not ~leted, mspite of attempts and efforts on the last and most

impOrtant ofthethree eurcises, whach was unfortunately overtaken by the horron of the I 9 I 4 War as earlier sa1d

This fundamental change of circumstance and the supervening impossibility ofperfonnance caused by the war, havmg destroyed the central objective of the treaty, lead therefore, to the conclusion that the N tgena-Cameroon boundary remains till today as it was at the time of stgnmg the 18 8 5 Anglo-Gennan Treaty by the two POYiers Evidences m suppon of this conclusaon are herein produced as follows.-

• Bntain, in granting Nagena independence in 1960 did not hand over to her t!le said document, since it did not exist, and could not as such, be listed for the purpose of mheritance.

o. i\e uid document, though not vahd, dJd however, recognise as inviolable the fllhing rights of the native population of the Bakassi Peninsula 11 they had ever been before, and further agreed to protect the physical presence and occupation of the people, who were all Efiks of the Cross River in accordance with the provisions of the Anglo-Efik Treaty of 1884 and the 1885 Ar.afo-German Treaty. 1hese are cogent facts to confirm that the Ni~..t.:ameroon boundary Wits not in any way adversely affected by the two Pawtrs' propl)541s in respect of their Rio del Rey boundary in Blkass1 .,.insula in 19 I 3.

42

ETUBOM {DR.) EYO OKON AKAK

c The R1o del Rey Port Declaration Order of 1960 which was made in pursuance to Sect1on 6 of the Ports Act 1954- 58 Cap.31, Law ofthe FederatiOn, by the Colomal Government of Nigena (Britain) constrtuted R1o del Rey as one of the Ports ofNigena, NOT Cameroon. Tins Order took effect from September 29, 1960 before the granting of Nigeria's m dependence on I st October, 1960 37

d Bntam as ear her satd, m the contex:t of the 1884 Anglo-Efik Treaty of F riendsh 1p and P rotect1on, occupied Bakassi to pr~ect the Penmsula, winch was sa1d to have been ceded to Gennany within eighteen months of the alleged s1gnmg of the 1913 treaty, in pursuance ofthe 1 ~-14 War hostilities. Thas agam m effect, shows that the boundary between Nigeria and Cameroon never changed, and Gennany at the end of the war, lost 13 percent of her Colomal possesstons including her very tmy treaty area of I 8 8 5 to the east of R1o del Rey.

The above facts are very clear and convincing enough to show that the IQ 13 controverstal treaty has no "'locus standil" in the Nigeria-Cameroon boundary, wh1ch st1ll- remams as 1t has ever been from tame ammemorial ever before the commg of the European traders and colonizers mto the area. It (the treaty) is merely roped mto the scene by mtemal and ex:temal forces to cause confusaon an;J bad blood between the two sister-countries for political and economic reasons because of the abundant oil wells and natural resources both on land and in the sea ~1thm the limats of Bakass1 Peninsula.

As a matter of fact, the treaty got swallowed up by the 1914 War, which consequently brought Germany down from grace to grass with her colonial possessions shared among the victorious Powers. Cameroon in particular, was partitioned between Britain and France, and this led to the British Mandate for the Cameroons to enable effective and result-oriented administration of British sector, that later came to be known as Western Cameroon. The Mandate System as an offshoot of the 1914 war, following the 1913 treaty was a significant development m the political evolution of the Cameroons, that ought to be reflected, as it is herein reflected in the role of the treaty in the Nigeria-Cameroon boundary dispute.

43

i. BRITISH MANDATE FOR THE CAMEROONS

The ~ 914 ~orld War had 1ts greatest adverse impact on Gennan" fl

compreherts1ve wnte-up on the war would not be complete without mentiat~ ; d resultant effect on Gennany and her Overseas territores. with special ~: th~ Oennan Cameroon, wh1ch were taken over by the VIctorious Powers a~ with the Cameroon that was partitioned on July I 0, 1919 between Brita

111 ·\

France. By the n:eaty of Versailles of 1919, Gerlnan Colonies were confiSC: and put under vanous European Powers as Mandate terntories under the !.eat. ofNations. ,

The Mandate System was an innovatioo in Colonial Administration, int~ by the League of Nations on July 22, 1922 in accordance with Article 22 of~ League Covenant. Thus, by the said Article 22 herein referred to, the Govemtnert of France and Great Britain made a joint recommendation to the Council of~ League of Nations that a mandate to administer that part of the Cameroons lyr; to the west ofthe line agreed upon m the Declaration of I Oth July, 1919 should~ cooferred upon His Bntannic Majesty, who had accordingly accepted the Marw:ta: in respect of the said territory and did undertake to exercise tt oo behalf of the IAJgte~ Naticm

Earlier by Article 119 of the Treaty of Peace w1th Germany at Versa1llt: on June 28, 1919, Germany renounced m favour of the Principal Alhed a,,: Associated Powers all her nghts over her Overseas possessions, inclufimt the Cameroons. Upon this, the Principal Allied and Assocaated Powers agretc

that the Governments of France and Great Bntam should make a JOlt:

recommendatton, as above made to the League of Nations as to the future ri the Cameroons.

The Mandate was however, to mcorporate the Mrlner-S1mon Declarabal ~ 1919 which established the principle of the divtsion between the areas of Bnbsh me Fllllch Adrnimstration of the former German possessioos \S On December 1: 1946, Trusteeship System after the Second Worid War. Wtder the United Natl«! replaced the Mandate System, but the charactenstics ren1ained sttll as before. exap in DOillellclature. 19 Under the Mandate arrangement of the League. whiCh Jar became Trusteeship of the Umted Nat1ons in 1946, Britain took charge of~ ~while Eastern Cameroon went to France. By th~ arrangements. 8rDr took possession of two entitles, which were the ~rea covered by the IQ 13 AnP Gennan Treaty negotiations oo the Rto del Rey bowulary m Bakassi Perunsula.: the area that was originally German sphere of influence before the IQ 13 ~

"'

ITUBOM(DR.) !YOOKON AKAK

In other words, Britain covered the area claimed by German m the IQ 13 negotiations on the Rio del Rey boundary, and the Gennan onginal treaty arq to the east of Rio Del Rey before the 1913 negotiations along Wlth other areas of Western Cameroon as specified in the Mandate Tins as where the role of the 1913 treaty in the Nigeria-Cameroon boundary daspute comes m for reVlew and analys1s for an open verdict, smce the 191 Q Mandate of the League and the 1946 Trusteeship System of the Umted Nattons did bnng Western C'ameroon under the British Colonial Administration.

What we are now saying. is that Cameroon. as a German terratory became a VIctim of the wars, because Germany, her Colonaal Master was swept out of Bakass• peninsula by the Treaty of Versa11les, whale she by the Bntish Mandate for the Cameroons was administered, not in peace, but m pieces. Germany had on the other hand, thought it possible to achaeve her desires. arms and objectives pohtacally, economacally or otherw1se by war. but unfortunately, met the worst dtsaster ofher life, and so was her fate, and the fate that brought an the Cameroons as a v1ct1m of the war

ii.CAMEROONATIROCITIES IN BAKASSI

The 1946 Trusteeship System of Adnunastrataon m the Cameroons led to the creation of two Cameroons. the Bntash and the French respectively m the west and east of Cameroon w1th the Bnush sector fomung part of the Naaenan Federation m I Q~4 as Western Cameroon. wh1ch m 1961 JOtned the Repubhc of the Cameroons These polit1cal developments, praor to the I Q6 7 - 70 !\1genan C1vtl \Var had no conflict with the pos1t1on or status of Bakass1 Perunsula as a Ntgenan temtory, until after the war, that showed the rameroons the way mto the Pe.nUlsula

Passably, some Cameroon soldaers who maght have served •n the war. or some other Cameroonians 'Who might as well been of assistance to Ntpna by one \\'3)' or the other during the ct\11 disturbance, maght have dt&cO\·ered the abundant resources. wealth andgrandeurofthe area that entaced them later antothe Penansula soon after the war an I Q70 1bese resources. espectally the htgh o•l potentaals discovered in the area along with the strategtc posrtion of the Pemnsula at the estuary of the Cross River flowing antothe GulfofGumea 1n the Atlantic COisthne of\Vest Africa. attracted and induced Cameroon tnfiltrataons into the area With 1

senous clash of mterest~ whtch gradually turned the h•sh 011 potentaa1 BakaUJ anlo

45

WHO OWNS BAKASSI? AN1E INYENE BAKASSI?

an area ~fhi~ ~flict potential between Bakassi indigenes and Camerocn ~ scrambhng mrtaally for a share of the wealth therein. · t

Before the end of 1970, open clashes along with Camerooo att~ " foll?wed as Cameroon claimed ownership of Bakassi Peninsula as a whole~~ t

bas1s of the I 913 controversial treaty between Britain and c;iermany. On t; score, and as a result ofCameroon aggression, molestation and attrocities, the~ countries decided to have a joint Nigeria-Cameroon Permanent Consultatr~ Committee to tackle the problem facing them, with a view to finding a peace!_ and lasting solution for their peaceful co-existence. But before the Co~ was formerly constituted and established with necessary protocols, CamerCQ had already asked the Secretary-General of the United Nations to express a~. on the 1913 Anglo-German Treaty as applied to the boundary issue, and llll reply of 18th January, 1971, the Secretary referred to paragraph 20 of the provis1<t of the treaty wh1ch says that, 1f Akpayafe 's lower course changes Its mouth t( transfers 1ts waters to Rio del Rey, the area remams a Gennan territory. Nigerc mstantly reJected that v1ew smce the said 1913 treaty had initially been erroneous~ based on the assumpt1on that R1o del Rey was a river covermg a distance ofe1stt. 1111les m lenght 1

" We equally endorse N1gena 's obJection against the Secretary: VJew because the sa1d paragraph 1s purely cond1t1onal and vague, since it goes wt

"1f', which means that. 1f Akpayafe does not change 1ts mouth to transfer t waters to R1o del Rey, the area in this case remams a Brit1sh territory Second}. up to that I 971, it was never established or ascertained whether Akpayafe d: change •ts mouth or not, or whether it did transfer its waters to Rio del Rey or na. smce there was no correct and/or complete demarcation of the area prior to 191: or after This 1s where paragraph 20 of the provisions goes wrong, while its l'eJectKr

by N1geria 1s perfectly nght, because it has also been proved that the said treaty t a whole, lacks legal vahdity and 1s therefore, not a treaty in force

Unfortunately, Cameroon by the expressed view of the Secretary-Genen felt justified m her cla1m and aggressiveness which continued, while Nigena consciously or unconsciously appeared to be dormant and dumb when Camero:r gendannes were attacking left and nght by day and night She was actually dorrnr. and dumb, but not blmd and lame when in Bakassi. there were lots of Camerocr attroc1ties in the form of physical and indecent assaults. arrests, detentions ar:: 1mprasonment, stealing, plundermg and extortions, illegal taxation and collectioc. bummg. destructiOn and vandalism, beating, shooting, kilhng and murder amtl".a: others Even before the Secretary's letter of 18th January. 197 1 was issu~ Cameroon had earher 1ssued Decree NO 71/DF/30 of 17th Janua~. 1 Q71 to chang:

4t

ETUBOM (DR.) EYO OKON AKAK

the name of Abana, an Efik prime settlement to Jabana as a District of Cameroon. Thereafter, followed other changes and challenges with a catalogue of attrocities of shocking revelations, some ofwhich are herein released as follows:-

a. 1973: Five Nigerian soldiers were murdered while on patrol in Bakassi, and a student of the University of Calabar in the same year, was shot dead by Cameroon gendarmes, while at home to collect his school fees from his father in Abana.

b. June 25, 1973: Cameroon gendannes about 200 in number arrived Bakassi in two ships, expelled all Nigerian fishermen and threatened to exterminate them if they refused to go away. They all left their villages and belongings for the gendarmes to plunder. The matter was later/teported to the Obong of Calabar, who sent a protest to the Military. Governor, South-Eastern State ofN1geria on 6th July, 1973

Also, m his Welcome Address of lOth July, 1973 to Rear-Admiral N B Soroh dunng a Courtesy Visit to.h1m, the Obong further directed the attention of the Admiral to the expulsion of his people from the1r traditional fishing homes. and at the end. he says

"It seems therefore that an infringement has been committed h•• the Government of the (.~ameroons in their unilateral attempt to take pos.~ession of these places. l"he right to property is !:;acred and in,'iolate except in the law of the jungle".

c May 16. I Q81 F 1ve N 1genan sold1ers were ki lied dunng rout me border patrol duty by the gendarmes, and Cameroon accepted being aggressors in Nigerian temtory, apologased and pledged compensation for the five N1gerian soldiers they killed The ktlhng took place at lkang oo Saturday. May 16. I 981 at 8.5.5 am And N1gena was no more dormant and dumb. not blmd and lame when three days after. Professor lshaya Audu. Mimster of External Affairs called a Press Conferenc~. by wh1ch. he announced Cameroon 's aggression and deliberate act of provocation and k1lhng. at the end of wh1ch. he threatened that ~ageria. haVIng been pushed to the wall. would fight back 11 Nigena no more remamed a paper tiger as she was ab1e to roar and bark at the same ume as a dog. otherw1se. C'ameroon would not have accepted habahty for thetr unprovoked attack and attrocsttes of that maymtude

47

WHO OWNS BAKASSI'! .~NIE EN'VENE BAKASSI·~

d.

e.

f

g.

h

January I, 1982: The Governor of South-West Provtnce of Cameroon Mr. Fon Fos1 Ntaw arnved Bakassi w1th I 00 Cameroon gendannes and forced the tishem1en, their wives and children at gw1 point to renounce thetr Ntgenan Citizenship in preference to that of Cameroon, and to also pay tax to the Cameroon authorities \\!hen they refused to do so, they were beaten up, arrested and detained

May 10, 1982. Cameroon gendannes arrived lne Odiong and harrassed the tishennen by demandmg tax by force

November I 0. 1983 Cameroon gendannes arrived Abana at about 6.am~ raped the women and looted the fishennen 's property there

February 5, JQ88. Thirteen Nigenan tishem1en were arrested at sea, taken to Cameroon and detamed to be released after the intervention of the Cross R1ver State Governor

January 16, I Q8Q Cameroon gendam1es attacked thirteen villages of Bakass1. and demanded taxes and lev1es l11e villagers were severely beaten when thev refi1sed to pay

Januarv 14. I 003 Gendarmes mvaded Abana m two warslups. demanded taxes. ~nd those who refused to pay 011 the ground that they were ~ 1genans, who had already pa1d thetr taxes as such. wtth the1r rece1pts shown to the mvaders. were thrO\vn mto pamc when the gendarmes released the1r volleys mto the a1r. se1zed Abana s1gnpost and left

Sources: a- i. Cross R1\cr State Pos111on Paper on BakJsst Pcn111sula to the Federal Go,crnmcnt Boundaf) Commtss•on. 19')~

These are some of the Cameroon attrocitles on the people of Bakass1 Penmsula m pursuance ofthetr unfounded claim over Bakass1 on the basis of the 1913 treaty, but since the 1885 Anglo-German Treaty on the R1o del Rey boundary stands unchanged and as solid as the Rock of G1braltar. the Nigeria-Cameroon boundary equally remains still firm. fast and constant at the Rio del Rey as fixed by the two Powers on June 16. J 8 85 Apart from the physical combats, coupled w1th human and property destruction earned on by Cameroon gendarmes m thetr war of aggressron, they also adopt another crude device by replacing the names of the vanous Efik settlements and villages m Bakass1 Pemnsula by Cameroon coined names. as is the case

48

ETUBOM (DR.) EYO OKON AKAK

w1th ABANA becoming JABANE, ATABONG turning into IDABATO and soon, as contained in their DRAFT PREFECTORAL ORDER NO. 60/1973, dated 31st day of December, 1973 at MUNDEMBA by MICHAEL NKAMSI, as herein produced as Appendix VIII.

iii. PROTESTS AND PETITIONS AGAINST CAMEROON GENDARMES ATTROCITIES

Cameroon attrocities in Bakass1 Peninsula as released herein, have attracted a lot of protests, petitions and pathetic appeals for redress, from the various communities, associations, groups and indivtduals, who see them as most mhuman, mdecent, destructive and repugnant These despatches to various authortt1es and powers on top and above, are messages of sorrows and pains calling as voices in the wilderness for help, assistance and redress One of these yeamings to the President of the Federal Republic ofN1gena carried a specaal headline in the form of "SAVE OUR SOULS"- S.O.S. and we would only w1sh to round up this catalogue of pains, woes and sorrows as already exposed herem by drawing attentaon to a few of these documents, wh1ch speak for themselves as herein presented as follows:-

a May 23, 1966. Petition from Barrister E E Anwan, Counsel for. and on behalf of the natives of the fishmg settlements of Abana, Atabong (East & West), lne Od1ong. I ne Atayo and lne Akpak, all m Bakass1 Penmsula. to the Pennanent Secretary, Mm1stry of External Affa1rs. Lagos

EXTRACTS: lt was agamst Cameroon molestauons. border v1olattons and clashes.

extensaon of Cameroon Admmistration mto the area. allegal tax collections and lev1es. lootmg of property. and finally. an appeal to offic1ally and properly delnmt the '\1gena-Cameroon boundary Thts was when the Nigenan CJVtl \Var was 111

ats preparatory stage

b ~ovember 3. I Q70. Delegation from Calabar Natural Rulers' Counc1l. to the l\-1nustry of Extemal Affa1rs. Lagos on the Nigerian-Cameroon boundary.

WHO OWNS BAKA~~J'! ANJE ENYENE BAKASSJ?

EXTRACTS: Upon Reports from Etubom Okokon Ita of Atab01w to the (alaba .... ~ . ' . C ~ • ,,at\Jr,

Rulers ounc1l on the h1gh-handedness of Cameroon troops at Abana a~:. molestat1ons mcludmg floggmg. unlawful detention. extort1ons. looting etc.~. Council appomted a Committee wh1ch despatched a delegation to the Mm1st ·

f ~.

o External Affa1rs. Lagos to present 1ts case to the Federal Government 01 :

~1gena The delegation compnsed Ch1ef N E Ita. C ouncll Secretary. Chief\ '"' Magnus Oku and Chief Emang Essien. whrle Etubom Okokon Ius and Chief; e Eum Efiong Bassey, both of Atabong JOmed as eo-opted Members w1th Etubtta ~ ~· (Or) E E Bassey and ch1ef 8 E E Adam (later Obong of Calabar), who also I JOmed at Lagos to the Mmtstry of External Affatrs on 30th October. I Q70 ~ · delegation returned on 4th November. I 970 and presented 1ts Report to the . Comm1nee and the Council

July 6, IQ73· Protest from Etuboms Counctls ofthe Obong ofCalabar, to the M1lttary Governor, South-Eastern State of Ntgena, Calabar wnh coptes to the Commissioner for Home Affairs & Social Welfare and the CommiSSioner for Infonnauon & Cultural Affairs, both rn Calabar

EXTRACTS: Protest agamst forceful eJection of Nigenans of Efik origin by Camerooo

Government from Efik terntory under the junsd1ctton of the Obong ofCalabar h was to be forwarded to the Head of State of the Federal Mihtary Government of the Federal Republic of N1gena, agamst the unilateral and forceful ejecti~ of persons of Efik origm from Bakasst Peninsula and around Akpayafe Raver. Attentton was drawn to the N1genan Chronicle publication of July 2, 1973 on Nigenan fishennen m five v1llages on Nigeria-Cameroon border, who were so ejected. and warned not to return, unless with Cameroon Visa. d. July 10, 1973: Address of Welcome from Etuboms Councal ofthe Obang

ofCalabar, to the Head ofNigenan Navy, Rear-Admiral N. B. Soroh <11 a ... ourtesy Call to the Obong-m-Council.

EXTRACTS: :":.e Addre~ drew a~enti~ to disturbances, p_hmdering and pillage committed

by Cameroon soldaers agamst Ntgenans m Bakasst Peninsula and 0 th N' · C

· fi fe , n e agena-ameroon border wtth spect c re rence to Efik fishermen in their vill

Atabong (East & West), Abana, Edem Abast, lne Odiong In ages of Atayo, who were expelled from their tradtttonal fishmg ho~es e Akpak, and lne

so

ETUBOM (Dil) EYO OKON .KAK

November 3, 1976. Address of Welcome from lkang CommWtity, to His Excellency, Col Abubakar Waziri, Acting Military Governor of Cross River State of Ntgeria, on his Visit to lkang in Odukpani Local Government Area

EXTRACTS: It was an Address of \llelcome by the Natural Rulers and the people of

lkang Commumty, m wh1ch attent1on was drawn to the molestations by Cameroon gendannes, who dunng the Ntgenan C1vtl War started tnfiftration into the area wtth clandestme actiVIties by well organised methods of stealing and raping of women, w1th no react1on from N1gerian Govemment. which made them to establish an Anny Post at Atabong. from where the gendannes operate as a base in carrying out further dub1ous act1v1ttes agamst the tishem1en m their fishing ports and villages. They were frequently attacked and deprived of their catches, money and fishing matenals The Natural Rulers and the Community as a whole appealed therefore, for protection by establashmg Nigerta Control and Security Posts at Atabong to check the gendarmes from further molestations and other mal-practices and nefanous acttv1t1es in the area

Many of the fifteen v11lages enumerated along with I ne Akpa- lkang were adnunastered by Cameroon Government, which had also taken over lne Nkani O~ure School from the Communaty. as they had equally replaced the S1gn-board With that of Cameroon The.se were the pains and sorrows of the people under Cameroon tmposed govemment and their gendarmes in lkang as contained in the Address to the Acting Governor of the Cross River State at lkang

f May, 18 1 Q8l. Protest from Okon Ustm Edet .. N. Y. S. C. Umvers1ty of Port Harcourt for hunself and on behalf of Usak-edet Conununity. to Parliamentarians, Calabar Senatonal District. on N igena-Cameroon border and the fate of Archibong, Okwua, Wanjo, Oron, Amoto. Efut-lwang and Masaka Villages of Bakassi Penmsuala.

EXTRACTS: The Protest directed attention of the Parliamentarians to the N agerian­

Cameroon border problems and the fate of these vtllages of Usak--edet under Cameroon imposed administration with the menace of the gendannes and soldaers who harass and molest Nigerians in thear own waters and territory. He appealed to the Parliamentarians to take positive act1on for a redress, and strongly condemned the lukewarm attitude ofthe Federal Government ofNagena for allowing Cameroon to carry on their attrocities wath 1mpunity and Immunity The Protest was

S\

WHO OWNS IIAKASSI'? ANI! ENYENE BAXASSI?

acknowledged by the Senate President, Dr. JoieJ)h Wayas oo lOth June, 1931 Soat after, Mr Edet registered another protest, captiooed "SAVE OUR SOULs· as now follows.

g. September 1, 198l:Petition from inhabitants of disputed Border Areac! Usak-edet, Comprising Archibong, Okwa, Wanjo, Mbenmong vi~ and all other fishing settlements with Okon Usim Edet as Co-ordinator, to the President ofthe Federal Republic ofNigeria, Alhaji Shehu Shagari

EXTRACTS: The Petition, captioned "SAVE OUR SOULS - Mr. President" reflecteri

first on Nigerian Government as being donnant and dumb when Camerooo. i.1 1971 had effectively imposed her Administration oo Nigerians in Bakassi Peninsula with Military Posts at Usak-edet, Abana and Atabong, and had also made ne't\ laws and crooked boundary to separate Nigerian families living on the river banks N1gerians were compelled to carry Caineroon National Identity Cards under mt1midat1on, harassment and subjugation to all manners of tortures with Usak~ and Atabong being in particular strongly policed by Cameroonians and theu gendarmes. Some villages remain~ virtually deserted due to these attrocities in the various fishing settlements, and the President was therefore, called upon to save their souls by correct delimitation of the boundary as a matter of priority They further pledged to fight for their liberation inspite of Cameroon efforts to destroy or falsify their national identity.

FinaUy, they once more, called on the President to save them from Camerooo 1mposed Government and Administration with their neo-colonialism, and thereafter, pledged confidence m the Federal Government of Nigeria with full support and loyalty to the President. Mr. Edet as Co-ordinator and seven others signed the Petition.

These protests and petitions are as numerous as Cameroon attrocities in Bakassi, but not as numerous as the pains, sorrows, tortures and sufferings of Nigenans m the hands ofCameroon gendarmes in the Peninsula. We have onlv sampled out a few of the attrociues and a few of the protests fQr the purpose ~f this thesis, which shows clearly the extent of damage done in terms of lives and property lost by the people as a result of these menacing activities of the Cameroons Protests ansmg thereof. m some cases •. "."ent along with Addresses of Welcome presented to very 1mportant personaht1es and very high rank· Mil1tary Officers m pos1t1on to use theu good and respected offices to effe tng redress. by gettmg Cameroon Govemment. 1ts agents and the gendarrne~\:

S2

ETUBOM (DR.) EYO OKON AKAK

chmb down in reconsideration of their actions. It so happened when thirteen Nigerian fishermen on February 5, 1988

were arrested, taken away and detained in Cameroon, but later released because of protests and intervention of the Cross River State Governor. Also the cold blood murder of five Nigerian soldiers at Ikang on May 16, 1981 by Cameroon gendarmes evoked serious and numerous protests nationally and internationally, and Cameroon Government, as a resuh of that and threats from the Nigenan Government, came on their knees to accept liability for the murder with full payment of compensation to the families of the murdered sold1ers.

Meanwhile, we have so far exposed the master-plan and the secret agenda of the Cameroon Government and the gendarmes to take over Bakassi Peninsula by war of aggression as evtdenced in this catalogue ofthe1r numerous attrocities. As we are now drawing the curtain, we can as well be moving forward mto other areas oftheu abortive plans and baseless claims of ownership ofBakass1 Penmsula

UNITED REPL·~:.!C Or. CM!r.P"'UN Pence • Wor~ .- ~htherlard

SOUTH WES'f PHOVl NCE NO! la~ OH 1 s !OH

. Divisional Ott1ce, Hunc\ht-~

DRAFT PREFECTORAL ORDER ~10.60/1973 Chanains namea o! !ishin~ Settle~P."!nta

in Idaboto District.

THE CIVIL ADf.flNISTRATOH, PREFECT OF 'NDJAN DIVISION (HOLDER OF THE CAMEROUN ORDEH OF HElU:,

Nindtul of the. Constitution of: 2nd June 1972 l'\indtul o! Ducreo No. 72/349 ot 24th Juiy, 1972 organising the

Un1t-ld Republic o! Cameroun;

Mind:Cul o! Decree No. 72/422 ot 26th August, 1972, de!ining the !unction• and powors ot Heads ot Administrative Units;

Hindful of Decree No.71iDF/30 ot 17th January, 1971, creating the Oistrict Jab~no;

Mindful o! D-ecree No, 73/71 of 7th March, 1973, changing the nal'!'!e ,r Jnbonc Distr1ct to Idabato District;

Mindful of Decree No. 73/470 of 23rd August, 1973~ appointing Mr. t>Uchacl NKA,...::il, Prefect o! Ndlan Division;

Conr.iderin1 the necessity of stability and proper adm1n1stration;

ORDERS

~~· 7he names or nll the !ishing Settle~ents in Idabnto

District appaarina in Column I in the following schedule

have been chenged to those appearing in colun1n I I or

the schedule:

COLUMN I (i2J .• O NAI'rr..S)

1.

2.

3.

-4.

5.

-6.

7.

~.

9.

ATABCiri 'tiEST

ATABC~1 "': EAST ( I'ockwe, Okobod.i Ii:)

ABM., A

Sf1AtL r ·;r.;~-r·IG 1 6 !I I OnuRUDU (obodorn)

INE OntCf-!!':

U!OU~:

EOEH 'I"-~~

OBUfl

OKOOO!J!

COLUJ-1N I I ( NE'il NAHES.l

IDADATO I

IDABATO I1

JABANE I

MSATA YANASe

NAWUMSE WAN

KOHBO ~ NUNJ A

KOI-180 ~ HUNJ fl. I I

KOMBO ~ MUNJA lii

K0;-180 ~ PE~rt A I

;.10.

f11.

~2.

\'13.

)14.

~-15.

16. v

17.

18.

19.

20.

21.

./22.

23.

/24.

25.

AHAf10N

ASIM.:' Jr .. A

EDt-::·r t-:., -t:i

AKPN•r :lkANYA

INE AKPAK.

SAND St,~.o

INUA W'A I, II & II!

AFACHA INUA MDA

CHARLEs

CIDI CII)l

COLON¥ I, Il 6 III

ltiE CE!lMAN

INE Ir::n

00'./N ~0\'1

Ir.JE ~"to

AKPA JI<ANC

KOMBO !! PENY A •. I 1

KOMBO /::. PENYA IV

KOt-JDO A. PENY A I I I

KeM&e ~ NOON.tA.

MEONJO

KOMBO ~ MIYANCMU

FORISANE I, II & Ill

FORISAt-.'"E IV

KOMJl? ~ J ANEA

KOMBO ~ MPUNJU

HEKANJO I I II & III

KOMBO ,0 FI LLA

KOMBO ~ BEDito'O

KOMDO ~ 'tl ASE

KOl-lBO A_ MBONJO

MUNJA MA QUANC

ARTICLE 2. This order ia ettectfve from tho date o! s1snetur&

und approval by the miniater in charge o! Territorial

Administration.

ARTICLE ~· The Diatric:t Head at ldabato shall son to the

executive ot this ordor.

~t~. This ordor shall be rogistered ond published wh~rever

nece,aary.

DATED AT MUNDEMBA THIS 31ST DAY OF DECEMB£1'\, 197}

PREFECT NDIAN DIVISION

VU ET A PEt· "lUVE S/i-:0. 236

DU 3 O£C!·: . 'lfm • 197~

Sgd: HICHA£L HKA~~l

[IX. 1975 GOWO~·AH IDJO ACCORD & AKWA IBOM CL\1~1

THE GOWON-AHIDJO ACCORD of June. I Q75 IS generally referr~ to as MARUA DECLARATION OF I Q75 lt first surfaced as a nmlOllt

that Nagena 's Head of State, General Yakubu Gowon had sagned an Accord watiJ. Presadent Ahmadou AhtdJO of the C'ameroon Repubhc to transfer Bakassj Pe.\~flsula to the Cameroons in I Q75 Whether at was true or false one tlung ~~ cer!ain, and that as, Nigerians were not, and are not a~are of the exastence of such a document The Supreme M1htary Council ofGowon regnne was not also awart of it m as much as 1t had never ratified any Accord of that nature

Obviously, ifthere was an Accord as alleged, 1t must certamly be a personal affa1r between Gowon as an indtvtdual and AhadJO as Ius fnend If 1t was a personal affair, as it was, it therefatt, has nothmg to do wath N •gena as a nauon. but can at ~best, be seen only as o. ~ecret agenda of General Gowon sance 1t was !1ever lttown to Nigerians and the public at the tame of ats makmg until the General s exrt And exile in Britain. It therefore remamed h1dden. alhctt and spunous unttl General Murtala Mohammed came across it in that year after the debns of the caval war had been cleared for the world and ats people to hear of tt and ats allegalaty General Murtala Mohammed on discovery of the rllicit document, declared 1t null and voad. dbowned it and cast it mtothewaste-paper basket, since Gowon was acting .. ultra vires" ·that is, soing beyond hiS powers

On this score, the Mimster of External Affa1rs, Professor BolaJ• Akmyenu ;n the Nigerian Punch of August 11. 1981 followed up where. accordmg to lum.

"Tit~ much talked about Gowon-AhidjtJ htJrtler Agreement i.\ t1jier oil 11ot blndilfg on Nigeria. The Nigerian Supreme Milittii'J' ( ·r,unc:il lle.tlt!r tiCCtpiH it".

Yes, ff it 10, and was indeed nullified and rendered useless and meamngless by the late~ of State, General Murtala Mohammed who actually declared it null and ~. 1t is tlius futile for the Cameroons to claim ownership of Bakassa Penmsula .n th~ batis of a non-existing Accoro.

1\e mere attt~ to transfer that art;Qknown as Bakassi Penmsula to the -~" ... , ' c~~~~-·f.t a ~t..~U~ Ye evu:lence and proof that rt was never before a Canleroon ~ olbe.wtte t.,a&dea of~ would not have a~sen at all if lt had ongina n,. blfonsed to th~ Cameroons. Th•• proves further that the alleged transfer of th~ 1111 by the sa•d 1913 treaty to the Cameroons is equall~ a fict•on. other~\'ise ..

so

ETU BOM (DR.) FYO 01\01'1 A I\ A 1\

Go\\ on would not have transferred as alleged. to the Cameroons a terntory wh1ch already belonged to them by the controversial treaty of IQ 13. Objectively. from ''"luchever angle of approach in the light of the foregoing exammattons and e\pos1t1ons, the conchtston ts that Bakassa Peninsula was and is not a Cameroon terntory, and that was why AhidJO was an secret bargaming w1th Gowon to snatch at from Ntgeria. but fa1led, while the said rattficat1on of the sa1d Accord by the C'ameroon Parliament 1s agam and equally a strong evidence that the satd IQI3 Anglo-Gennan Treaty never before transferred the territory to Gennany

A httle more advance into the history and politics of the West reveals thar Bntam and France m December. I Q46 entered mto Agreement w1th d1e Umted Nations 111 respect oftheir respective areas of Jurisdiction in the Cameroons Soon after, France created her autonomous Cameroon State. whtle Nigena at the same tune absorbed Southern Cameroon in her I Q54 Federatton of N1geria. 1 ~ and m these arrangements. Bakassi Pemnsula was never a part of.Southem C'ameroon. but enttrely a N1genan territory away 111 the Eastern Regton of Nigena from the stan l11at was why the United Nations plebiscite of I Q5Q d1d not include the Penmsula m detennming the fate of Western Cameroon." nor that of Southern C'ameroon m I Q6l As said earher, no Cameroonian lives in the Penmsula other than the Efiks m theu traditional villages. settlements and towns. wh1ch the Catneroons are makmg frantic and abortive efforts to rename as thear own. as shown .m Appendtx VIII to this work Ftshennen of other nat1onalit1es are however m the a·rea but none 1s of Cameroon stock or origin

Still more. the pohtical evolution ofthe fameroons led the colultry ro declare at self the Rcpubhc of the C'ameroons on 4th March, I Q60 shortly after gammg Independence m Janual)' of that I Q60. W1th this Declaration came the Southern Catneroon pleb1sc1te on February 11. IQ61 for a un1on w1th rhc Repubhc of Cameroon. 11 but the people of Bakass1 Peninsula. as it was in the I Q5Q Umted "'Jattons pleb1c1te. dad not also vote at all. since the Penmsula was and •s never m Southenl Cameroon. or m any other area of Cameroon We would once more m strcamhnmg our v1ews here. refe1 again to the Rio del Rey Port Declaration Order of 1 ono that constituted Rto del Rey as one of the ports of N1gena 111 support of Bakass• Pcmnsula as a T'J1genan terntory

These facts are transparently clear enough to conclude that Bakasst p~nansula had. and has never been a Cameroon terntory other than bcmg a N1genan

l 1e of the Efiks of Old Calabar from ttme unmemonal. and Gowon cannot hOI

refore. m h•s personal mterest. give 1t out to Aludjo. even though 1t IS better to the·c than to take. but one cannot give out what he does not have 'T111S IS whe•c ~'" r;,1

\\110 OWNS BAI<AS~I'! ANIE EN\'ENE BAKASSJ':

Gowon went wrong by attempting to give out what does not belong to htl'fl, ~~ thanks to the succeedmg Head of State, General Murtala Mohammed, who!ll\ takmg over the Govenm1ent, had immediately in the same year - 1975, det\a:" the saad Accord null and vo1d ·

But. inspite ofth1s nulhficat1on and the declaration ofthe 1913 Treaty-.: ( and vo1d, Cameroon Republic st1ll hammers as before on her claim over~ Penmsula. JUst as we firmly press that Bakassi remams ever a territory ofNigtt4 m N1geria for Ntgena. smce 1t belongs to N1geria We can as well at thts Point \:7

the purpose of emphases. state once and for all that the Accord which was fi1 ratified by the Supreme Military Council of Nigeria. and which had also witn~ several denunciattons by subsequent Administrations following that of ~ Mohammed cannot be bmdmg on Nigeria. because of these disabilities ancl~ other f~ctors that deprived tt of authenticity and validity

This Accord, lltherwise known as Marua Declaration was certainly~ on a number of grouracfs. the most outstanding being non-ratification as alrea.r! noted, because under the 1<>6<> Vienna Convention on the Laws of Treaty a Slat can only be bound by a treaty 1t has ratified, unless there is an express provisiCil d. the treaty setting aside the provts1on '' In th1s case, there was no such provis~ and its validity cannot therefore be established or authenticated,. hence its beat accordn!)y thrown mto the dustbin This is where, how and why the Accord meets its inevttable doom as the claam of Akwa lbom State met its own fate, ba. beang the ltast and most mstgnaficant so far. among other claims over Bakassi, 1 can be snnply thrashed out here.

[ AKWA IBOM CLAIM OVER BAKASSI 11

The cla1m of Akwa lbom State over Bakassi Pemnsula was based on its allegation of havmg at one t1me or the other, admimstered the area under Mbo and/or Eket Local Government Area of the fomter Cross RJVer State

Thas claam of ownership of the Peninsula was based only on this alleged admmistrauon, but since the claim 1s already dead and buried with the creation of Bakass1 Local Govenunent Area m the present Cross Rtver State by the Federal Government of N igena, we can sttll examine the allegataon of Akwa lbom State wh1ch was carved out of the fonner Cross River State on September 23, 1987

What must here be clearly understood 1s that Mbo. Eket, ltu Local Governments and any other that aclnumstered any area of the fo~ner Cross Raver State, dad so oo the authonty and mandate of that State, and as being 'also a component pan oflhe State In cxher words. these Local Govenunent Areas dad not belong to Akwa lbom State, whtch was not yet in ex~stence at that time, It as therefore, wroog to hold that Ai'!' lbom State adJ11tmstered any area of the fonner Cross River State, JUst as 1t ~do so an the present Cross River State This 1s certainly, where and why ll was WfC111 for rt to claim ownership. ofBakass1 Penansula only on the bas1s of previous admmtstratton of the area under Mho and/or Eket Local Govemm411t Area of the fom1er Cross River State. smce then. was at that tune nothu1g known as Akwa lbom State

Obviously so 1t as, because tmmediatW, Akwa Jbotn State was created, With both Mbo and Eket transferred from the fomte~s Rtver S~.JOtG at. the Mbo and Eket nl&ndates for the admuustration lapsed. smce Mbo or Eket Cannot stay at Akwa Jboan State to administer the Peninsula u1 the present Cross Rlwr State Thas theory apphes evenly to ltu Local Government Area of Akwa lbom State In ItS claim over Mbiabo territory on the same bas•s of prevtous admimstratton. because ltu ll now m .A)cwa lbom State. and not in the preser~t Cross RJVer State with the Mbiaboe. We wish Akwa I born State Government to understand that admm1stratrve, unhke temtonal boUJldaries, are never static, but change aloog wtth the creation of new acbnunstratave unitS or blocks in the area or territory.

1be Administrative Boundary Theory apphed on the national basas s.how5 that fbn1'll'l" four Regioos ~N1gena IWTiely. North. East, West and m1d·Wcst became

~ScaleS in 1967 dunngthe N1Pf111' CaVIl War by altenng the ongu1al boundanes the tour aJe8.5. These boundaries ~ aprn whe11 the twelve States became ~ in 1976, and fUrther lgllut when the nutdeen became twent y-<l!IC '" I~~ 7, and

';<)

WHO OWNS BAKASSI? ANIE ENYENE BAKASSI?

furthermore 00 the basis ofthis theory is thirty as at present, In all these casese(t. \ollg' creations, the fonner boWldaries were altered to indicate the new administrative ~ 85 rot~ of the newly created states. ' ~c ~

Sqme Local Government Areas in the same way change their boun~ ~ge~• creation of~ew states~ ~r ~1 GoveOUllEilt Areas, and in the event of local~~: ~re drfi of villages m the admini~ve area~. The Boundary Theory applies as well to"'~ 0o5s 1 lbom State's cla.un over Mbtabo terntory oo the same basis of its fonner a~\ ~ of the area Wlder Itu Local Government Area, not Mho or Eket in the case of&k.,i but since Itu is no more in th~ Cross River ~tate, it cannot as well stay ii1 ~~~~ ~f State to admintster Mbtabos m the ~ross River State. That is why the~· prJ.er boundary between ltu and ~ukpam Local Government Areas changes as at p~ t\le <

to keep Itu away from Mbtabo areas m the Cross River State. 3crc Ikono Local Government Area had long ago been carved out of Itu ~ ere

Government Area, and again lbiono Ibom Local Government Area came laterta v't~ be also carved out from it These new creations whtch affect Itu Local Govei'IUllert the Area boundary are in consonance with the principles of Administrative Bounda~ f.{ Theory, whtch made Mb1abo Clan to be carved out smce 1983 before the creatkb 3~ of Akwa lbom State in 1987, from ltu Local Government Area into Odukparu ,r Local Government Area by Vanatton Order NO 1 of 1983 and Cross River State Legal Notice NO 6 of l 983, pubhshed in the Cross River of Nigeria Gazette N0.34 Volume 16 dated 25th August, 1983

On the other hand, Terntonal Boundary Theory holds that the territorial boundary of a nat1on remams unchanged in the event of state or Local Government Area creation, and apphes specifically to boundary demarcations betWeen tribal or ethmc groups It 1s also referred to as natural or traditional boundary, which should remain intact, m conformity w1th the popular Efik saying" "OWO IKANGHA· KE ADANGHA ESET'', wh1ch means that one should not go beyond anciem boundary By th1s theory, the lb1bio of Akwa lbom State for example, retam their territonal boundary mtact when thetr state was carved out of the fonner Cross R1ver State m l Q87 The Efik also m hke manner, retain their own intact too after the creat1on m all the1r City States, HESSIEN EFIK lTIABA", no matter where they are located The present encroachment of Akwa lbom State on Mbiabo and .. ISONG-INYANG" areas ofEfik terntory m the Cross R1ver State is a dangerous violation of bas1c princ1ples ofth1s theory~

Nationally, the Hausas, lbos, Yon\bas and others contmue to have their terntorral boundarres intact. no matter the number of states or Local GovemmP,r.tS,

-~

ETUBOM (DR.) EYO OKON AKAK

:r~ J()llg beell causmg lots of problems, m spate of these umversal pnncaples, by ats ; ll', khss chments on the border-lines of the present Cross RIVer State of Nager1a ·lr.. croa ' tt1 can admit however, that there are border conflacts m some other areas of

~ \Ve na but they are not purposely, consctously and mtenuonally created as the) :·

1 Nt~oo~ here by the Government of Akwa lbom State. wh1ch fully knows that the ·~1 ~s Rtver and 1ts estuanes to an extent constitute the terntonal boundary between

AJcWCIIbom State and the Cross Raver State lnspite of these all, the defimtions and 11lustrat1ons here1n, the people of

, AJcWa lbom State, entaced by the nch forest and marine resources. and the h1gh 011 potenuals of Bakassa Penmsula and the strategac posataon of the Penmsula, down to the Gulf of Guinea on the Atlantac coast of West afnca. stall struggle to swam across the Cross River mto the Atlantic for Efik lands w1thm Efik terntory m the Cross R1ver State lt 1s unfortunate that they do not know th:u geography plays a vrtal role m the dastribution of men, wealth, matenals and resources, because tf they know, they would not have pledged the1r lives for the Canaan land of the Efiks wath Bakassa Peninsula, most potent tal. most excatmg, and most enttcmg. JUst as tt was on the other hand, most expensave and most d1sappomtmg to all of them m Akwa lbom State, when the Federal Government constituted the terntorv mto a Local Goven1mcnt Area of the Cross Raver State of Nagena .

lt was indeed a lost battle, smce their fru1tless claun was an 11l--conceived and mascalculated dream of expansaon to the east (Mb1abo and Bakassa) 1n lme with the Expansaomst Theory of Yttal Space and Pressure Towards East. as propounded by AdolfHttler. whose dear ana beloved Gennany. m the final analysts, became a v1ctam of two World Wars m I o 18 and I Q45 l11e claim whach was based only on the purported prevaous admmistrauon of Bakass1 by Akwa lbom State has been proved to be false. smce Akwa lbom State was not ex1stmg at the tune of the alleged adnumstrat1011. We therefore, state here categoncally that Akwa lbom State has never adnmustered Bakass1 Penmsula. and 111 support thereof. we hereby refer to offic1al documents m respect of the Admn11stratton ofthe area before and after Nagena Independence to confirm that

ll

Before N tgena Independence. the terntor\· was adn11111stered under Calabar bv the Akpabuyo County Council (Establishment Instrument I o~ 3 ). p~1bhshed 111 the Eastem Regaon.Pubhc "Jot tee No 8n of I 053. as severally amended b)' Eastem Reg1on Legal Nottce Nos 14 & 137 of lQ58. ~o 30" of I Q"iQ and No 2 of 1 060 After Independence. 1t was admnustered 111 accordru1cc wath

6\

WJIO OWNS BAKASSI? ANI! ENYENE BAKASSI?

,,es Local Council (Calabar Division) Establishment Instrument 19Ss . ..41tve~ass· Region Legal Notice No. 88 of 1958 as amended by Legal Nor· ."~ &3 tb'

a)

b)

267 ofl959, and Eastern Nigeria Local Government No. loft:- ~\\l! lkang Local Council. l, (/1' iJrl

South Eastern State Development Administration Edict No. 6 or · •'~icl1 which repealed South Eastern State Development Administratic.. 1 · tile P" No. 18 of 1971, and again South Eastern State Development A · · · . ssec.\ (amended Edict 1972) under Ikang Development Area. Wi·ith--... Ulllr...--·sl"' ~ of a few villages said to have been underAkw;;t I born State's adJnin· ;::;, the rest of the Peninsula w~s in.the Akpabuyo Local Government Art. ;.c the Cross Rtver State ofNtgena, and so, according to Oscar Ede~

. sfef ''One important qbservation is that the area is inhabited almo.~t nintl! ~~r ~

. . fl h ~I' 1:'/:k • • '!J6 tu per cent by N1gertan IS ermen oJ LJ'· ongtn. . ~a

ObVlousJy, Bakass1 Penmsula has been mhabited by the Efiks as far back as bY:: 16th century when Efik colonization of Akpabuyo started, and the ea bY .. occupatton of the area led to the establishment of thetr uEKPE" Lodge there· c\8'

11,

thetr traditional symbol of authority, Government and control along with a~ monuments that dep1ct thear traditton, custom and culture These an· ea 1 ' ~ structures were unfolded when the United Nat1ons delegation of I QQ6 on faQ .,.. finding Miss1on arnved and saw them there as concrete evtdence and proofd\ ownership of Bakass1 Penmsula by the Efiks Akwa I Born State and its people a\ the other hand. had nothing to show, and nothmg to say m support of their spuriOII!: claam of ownershtp of the Pemnsula

The Federal Mthtary Government of Ntgeria, having been thereah convmced that Bakass1 1s Efik as Efik 1s Bakassa. declared the whole terntoryci the Pen10sula a Local Govemment area of the Cross R1ver State of Nigeifa r I QQ6 after the United Nations M1ssion had come and gone With this veritia. Akwa lbom State had no other alternative than to accept the1r defeat in tbetr fllltless endeavours to reap where they d1d not sow lt was an attempt to rob Pele to pay Paul. But 1t all ended up as an aborttve coup pendmg tnal of the plotters.~ mdeed. the last na1l that finally sealed the coffin to end thetr tussle and rancour Cll rhe ownersh1p of Bakasst Penmsula

Before the creation of Bakass1 Local Govemment Area, the federal Govemment of N1gena had earher constituted m I QQQ the Nauonal Electoral ConHmsstoll for tlh.l ddtnutatlon of Local Govemment Electoral \Vards an~

0~

63

WHO OWNS BAKASSI? ANI! ENYENE BAKASSI?

11 x. OBONG'S SUPREMACY OVER BAKASSI ~ I

BEFORE the curtain is drawn at the end of our SUMMARY AN CONCLUSION, we C<Jlsider it a duty to bnefly reflect on the 1 I)

development between the Obong of Calabar and his Bakassi subJect~est to, ''WHO IS WHO IN BAKASSI". as It is not, WHO OWNS BAKASSJ? But WHO IS SUPREME IN THAT TERRITORY? Th1s is the question with a stmple answer, smce 1t has been h•stoncally established, confirmed and concluded that Bakass1 as a whole w founded by the Efiks of Old Calabar m the 16th Century, after the foliiX:Jmg ofr~: ' Efik Ctty States earlier m the 15th century Therefore. Bakass1 Pctunsula fro111

th1s historical background. has been a bona-fide terntory of the Efiks. who 111 the context ofthts analysts embrace Efiks of one ancestral ongm and stock along w1rh mhab1tants of these areas m the Pe~msula and elsewhere. acccptmg the Obony of Calabar as the1r Paramount Ruler and Grand Patnarch

The 1884 Declarat1oos ofEfill, ldombi ~orn-shat wtth th~1 r kmgs and temtones already cited and re-p reduced m thts work. as subJect to d1e authorlt\ ~nd JunsdJc.tlal ofd1e kul!,'S ~d Cluefs ofOid calabar, coofinn th1s o~r-all Lordsh1p status and supremacyofthe Oba1g of(' ala bar as successor to the nghts of over-lordsJup. fom1erlv exercised and ellJO~ by the Efik Kmgs ofOid (alabar Ca1sequently. the recent clauns ofthc people u1 Bakass1 Pelunsula, who are subjects of the Oba1g offalabar. as well as thc1r demand to plav dle supreme role tn deahng directly wnh d1e 01l fompamcs and thc1r agents are certcunly w1forttmate llus dernand has accordu1gl\ brought the ongmal Bakass1 tussle between BntaUl and Gennany tn the I oth centurv. and betwee11 N1!,rena and Cameroa1 111 d1e 2(ij} C81tury, from the tntemat1onal plane down to a local ca1troversy between d1e Obalg of Calabar and hts Bakass1 subjects

What really sparks out d1e flame comes as a stonn Ill a tea<up, arising &cm the sincenty of the Obong-u1-<:0lUlCJI to brei the Otl Compames to know and accept their respmsibthties and obhgat1a1s m respect of the soc1al welfure and ec:a10itUC well-being d the ~le and the comnumrues Ill whtdl they ~erate Cmsequmtly, the Obalg-in-council set up a C onunwuty Affa 1rs C omnuttee to handle all matters relatmg to Otl exploraticllS a1d cperattoos m Bakass1 Peninsula and ether areas wnhu1 the Efik territory. with a view to getting the Od Compames to update d1e1r ~ratlooal programmes to mclude the much needed soctal and ecalonuc de~lopn'M!lts ofd1e peqlle and the CQ11Jlluruties in which they operate. along wtth payment of royalties and adequate compensation to the people for environmental harzards m the areas ofthetr operat1ons

64

ETUBOM(DR.) EYOOKG~ AKAK

The Comnutti.'C mcludcs fe\, mcm~rs ofthe En1bom Traditl(:nal C'Ot.UtCJI ofthe Obong and all Clan Heads m Bakass• Local Govemment Area, or thetr Representatives. with few ether knowledb'Cable members of the commwtity But before arrangements were completed for rts settmg up. Ch1ef Lulu Bnggs. Cllamuan and Ch1ef ExecutJve. Mau Polo Lt:d, from Port Harcourt arnved after long expectat100 for a courtesy visit to the Oootg-m-counctl a, 2 l st May, IQQ8 He ~•veda wamt welcome that was followed wtth discussions and proposals. at the end of which a group phcxograph was takEil 111

memory of the VlSrt ThEil after Ius departure, followed a chratacle of events dtat led to a seraous misunderstandmg between dte Oboog and his Bakasst subjects Bakass1 NatJves Assembly started the ball rolhng., whEil oo 3rd J\Ule, I QQ8 a complault was recetved from there agamst the ntemberslup composition ofthe Comnl'umty Affatrs Comm1ttee. wluch was said to have mcluded noo-mdi!,reltes 1be Assembly was uwtted to the Etubom Traditional Counc&l Meetmg of9th Jwte, l9Q8 for the purpose ofdus complamL \'.~ttch was length ly and fully cbscussed. but ncx amicably disposed of

Since there was no consensus. at the-du;e of the nmntg, the Council agaut on lldt June, 1998 inVIted all clan Heads m Bakassa Local Govemment Area to Its meetmg with a view to having the Affairs C ommlttee on a prq:>er sett my 1t \\as however observed that, as at that tmle, there were three bodies danmng to be Bakassa \Vatdt-doys and Chafll)toos in the fonns ofBAKASSl \VELFARE \1NION, BAKASSI NATIVES ASSEMBLY AND BAKASSl TRADITIONAL COliNCIL, all wtth some polrtacal aligrunents The activities of these three bod1es made it unfortwlately not easy for a compromise in hand I ing the problem and other sens1U ve issues on the exploratlOil and operation ofthe Oil Ccmpanies m Bakass1 Peninsula, especially as the next vasrt of (1uef Lulu B~ , Otatrman and Chief Executlve, Mont Polo Ltd to the Oba1g was betng expected wrthm a short bme

Ardher meeting wth the Clan Heads from Bakass• v.-as to be held m preparation for the secmd viSit ofOuef'Briggs. and it certamly took place on 3rd August, l QQ8 with the Etubom Trad.i:tialal Council. since the visitor was arrivntg on the ne\t day. bemg 4th August, 1998. The meetmg \1/hich had actually planned towards the real1zauon of the econonllC and social objectives of the Community Affair Committee. for the people of Bakassi and the who~ area was assUined to have reached a consensus. but soon after <Xher groups oe Bakass• brothers turned the table upside dovwn. whm a letter datt.'<i 3rd Au st 1998 ftan BakassiTraditi(llal (OWlet! to H•s \1ajeSly. theObongofCalabar. and ar!er of 4th A~ 1 Q98 from Bakassi 't'atives Assembly to the Personnel \ 1anager. Noble Drill' (Nig) Ltd, Port Harcourtwith a copy to the Obong were •ssucd an protest a inst ~Committees' involvement and Obong's part\capauon 1n the affiurs of

rlgaO

1 C . in Bakassi Penmsula These rv.·o letters arras foiiO\\S

•e 1 ompames · • 6 ,

WHO OWNS BAKASSI'! ANI£ ENYENE BAKASSI?

i. LETTER TO OBONG

Th1s letter to the Obong 1s on the activities of Oil Companies operatmg m Bakass1 Local Government Area, and prec1sely informs him of the opposit1on of Bakass1 Traditional Council and the people of Bakassi against any attempt on h1s part to depnve them ofthe1r nghts to deal directly with Oil Companies in all matters relating to oil explorations and operations in Bakassi Peninsula. It strongly warns htm agamst a repetition of the Ogoni incident that led to loss of lives among other thmgs for not allowing the indigenes to have direct dealings with the Oil C~mpam~

· th · Th p Lett · 1 0 · t · s with cop1es to H1s operatmg m etr area. e rotest er carr1es ssgna orae . d Excellency, Military Admmtstrator, Cross River State, Chief Lu~u Bngg~o~es Personnel Manager, Mobil Oil Ltd. Port Harcourt. Its contents with sign are herem produced for venfication and authenticity as Appendix IX.

ii. OBONG'S REPLY ts Authors to

l11e Etubom Trad1t1onal Council, in its reply to the above, gets 1

knoVv that e all Efiks . ce theY ar

1 The 01l Compames cannot d1rectly deal wtth them stn d waterways under the Obong of Calabar as are also the lands, creeks an dance with ' · ccor m Bakass1 under the supreme authonty of the Obong 10 a p insula and the1r 1884 Declarations 111 wh1ch all the people of Bakass• d~~aon of the around declared as bemg subject to the authonty and Juns

1 005 they.

t· · . 0 clarata • (\.mgs and Ch1efs of Old Calabar l11erefore by these e . 1·5daction • ndJur

the1r people and Bakass1 Penmsula are under the authorttY a . fonnerlY ofthe ObongofCalabar as successor to the rll'hts ofover·lordshap

5 were

o I rauon exerCISed and enjoyed by Efik Kmgs, With whom the oec a s~ned. .

11 d BakaSS1

In the letter. dated 8th May. I Q73 from Ch1ef Edet Okokon Ese an them in people to the Ambassador for N1gena m the Cameroons. all of firtnS Bakasst referred to themselves as Efiks. and th1s automatically also con 1 ler the1r be111g under the Obong ofCalabar as thetr over-all Paramount Ru and Grand Patriarch

Ill Agam Ill their PetltiOil to the Mdltary Admuustrator, Cross River State on \•gcna-Cameroon border d1spute. they openl) declared.

V.

ETllBOM (DR.) E\'0 01\0:'11 AKAk

I · ··~would therefore hke to re-affinn that the entrre Bakassr Pemnsula rs pllf and parcel terntory of the Obong of Calabar''. and add

"The Treaty of 1884 designated the entire JJaku ... 'ti Penin ... ulu u ... part of the Ohong of Ca/ahar territory ... l~r the I HH.J Anxlo -Ejik Treaty, Britain held the land (Haka.'i.'ii) in tru.'it for the Ohong ·t~f Calabar, and should not transfer it to a third purl)• without tile ('(Jn.'il!lrl

ofthe Ohong ofCalabar". ·

IV lfthey know ~e above to be true, as it IS certainly tmc. whv then do they ;ant to negotiate with a third party for the resources of B~kass1 without e consent of the Obong of Calabar"

In the above ctted Petit· 0 . this Protest a 100• r. Archtoong E Young. one of the s1gnatones to people furthe~sa~st the Oboog and Mr. 0. U Edet on behalf of ether 8.1kassr

·1'he only acceptabl which ~ th e soluttOil m the prest!lt border cns1s IS an arran!,retnt:tlt

~.sures e com I belmg to the Ob P ete return to N1gena of all territories (8ak.1ssr cic) that

Qlg of Calabar"

After the 1913 AngJ Gennan th

0 o-Gennan Treaty wfud1 was sa1d ro ha~ a.todcd &1~1ssr to

EPHRAiM ~UK~ng of C'alabar. OBONG EDEM EFEFIONG <ADAM and p J ) sent a delegation of rwo Efik sons Prance &1Sscy Dukt.•

rmce ames Ey I . . C '" T~ t En la 0 ta. who later became l\111g E\''0 Hausv I~ of rtl! 0 g nd to prote · · f J ' as an · ...a; · st agamst any attempt act or proposal o r Kttnarun: · mwcatlat ofh · ' J 1

"--• 15 concem over d1c issue ru1d owncrslnp ofBakass•. \\IIIC 1

uaatgs to th Efik · • Bakas fr e s wtth hun as,· .. Lord of all

uth 51 0111 tune anunemonal remau1s an Efik terrrtor\ under du: supr",""

a onty of the Oba · · f "' tJ . 1g ofCalabar long before Capram Barba s \1SJ1 o I hY~ le retgn ofKmg Duke EpJuaam (Duke Aphrom) a has Etionr Ed",H Etiom The

name Bakassa Jt.seJf. IS sa1d ro have ~'t.,t dcrJYtX1 ffom -\b&~s• Eke of Old 1""11

(Obutong). a PolrtJcaJ Agent who was senr there a1 .:!7rh -\pnl. 18°" b~ C laudc ~lacdonald. Commisstooer and Ca1sui-General fur d~ 011 RrH.'rs ProtL'\.·fflrcd'c statJoned at Calabar The presenr inhabitants ofBak:t~st ;,r'l' n141111l' ~nd rrld'tf~ fion1 our vanous cJans. Houses and fanubes. and fot &lkJ!:t."lll' "·'''"1u1 a \rg'-'• '-· · terntory 10 the Cross RI\-tr Slate. all documalts to d1c \\o1ld Coutt .111u l••1L1.'(t \at1a1s ongmated from rhe Palacl· of rhc Ohou~ •'' C ;ll:th.,, .. 1,~_ '1.' ~,il

•1urhorrrres and rrghrs O\Cr S..1k.1sq \\Ill ,1!~o l'Or'•n••~· ll• ._·nt.IIJ,lh

... ,.,

Tins Repl),. dated August 6. I QQ8 and srgned b\ the \hau IU;!tl. Etubom Tradtuonal Councrl of the Obong of Calabar. Etubom ltarn E lbuam. and the Secretary, Chref Enrang Ess1en went wrth cop res to all concemed as mdacatcd

111 the Bakassr Tradrt1onaJ Council's letter already produced herern '

iii. LETTER TO PERSONNEL MANAGER

Thesecondletterof4th August, JQQ8 went from Bakassr Nati\CS Assembl\· to the PersOMel Manager, Mob1l Drilhng (N1g) Ltd wrth a copy for mformat•on t~ the Obong and a copy to ChrefLulu Bnggs at Port Harcourt Th1s letter was also on oiJ drillmg and expJoratron m Bakassr Local 6ovemment Area w1th special reference to Noble Drilling {Nig ) Ltd. whach was asked to rgnore the letter sa1d to have been addressed to the Company by the Community Affa1rs Conumttee of the Palace of the Obong ofCalabar The Assembly wants the dnllmg and exp lorata011 of crude od m the area to be a direct affarr between the Company and the people of Bakass1, and further d1ssoc1ates Itself from the actiVIties of the Commumty Affairs Comrn1ttee.

The letter ends up with the intension of the Assembly to vrs1t the Personnel Manager of the Company on a Wednesday at I 0 a m In I QQ8, but without fixmg the date Its contents with 16 signatories are herein produced as Appendix X

iv. OBONG'S ACKNOWLEDGEMENT

A very brief acknowledgement, dated 6th August. I QQ8 from the Etubom Trad.rtional Council of the Obong of Calabar srmply drrects the Assembly to

(i.) The 1884 Anglo-Efik Treatyoo what is now known and called Bakassa Pen111sula

~u.)

(iii.)

1l1e Petrtioo to Military Administrator of Cross R1ver State on the N •geria­Cameroon border cbspute signed by Or A E Yolmg and M r 0 U Edet of 3 Duke. Town Drive, CRS Housmg Estate, Calabar for and on behalf of the inhabitants ofBakassi Pepmsula, Akpabuyo Local Govemment Area

~e Jeuer of 8th May, 1973 addressed to HJs Excellency, the Ambassador for N•s::.m :.~er<XIl by eleven Representatives of Bakass• Fmallv th Etu s a\.01\.uowledgement ends w1th a Note, whrch reads · • e

"Please read these documents and similar others for fo guJdance. Yours faithfully". your m nnatron and

68

ETUBOM (DR.) EYO 01\.0N A 1\A K

The Chaarman and Secretary, Etubom I E lbitam and Chief Eniang Essacn respectively signed the document on behalf of the Etubom Traditional Council of rheObong ofCalabar, with copies to the Personnel Manager. Mobtl Dnlling (Ntg) Ltd And Chief Lulu Briggs, both at Port Harcourt

\. FACTS AND COMMENTS

These Protests, put together constitute a darect confrontation and challenge to the authority, Junsdictaon and supremacy of the Obong of Calabar over Bakassa Penmsula as a whole. Their contents are not true to facts as shown m the two rephes from the Etubom Traditaonal Council of the Obong. that have posatavely thrown back the challenge to the challengers, who on the other hand. have themselves acknowledged the Obong m practice and m thear prevaous correspondences as thear Paramount Ruler and Grand Patnarch of the Efiks wherever (mcludmg Bakassi) they are located

Consequently, being Efiks as they agree they are, they ought not to have allowed the oil wells of Baksssi. along w1th the abundant resources there on land and m the waters to make them msolent and msubordinate to the authonty and supremacy of the Obong, who forever remams to be the1r Royal Father. with supreme authority over the whole terrrtory of Bakass1 and Ius ether domains as 1t had so been from t1me 1mmemonal These are the cogent facts that cannot be destroyed lt IS

also a fact ofh1stonc sagmficance that the United Nat1ons M1ss1on en route to Bakasst m 1996 had rts first contact wrth the Obong m his Palace, where all documents, memoranda. mfomlataon and duectives emanated before the Mission moved out to Bakassi

C'ertamly. the M1ssion did not go first to Bakass1 before comu1g to see the Obong OthefV.Iase, it would mean placmg the cart before the horse. and 1f th1s as done, the horse would not be able to move Wltil the cart as placed behmd at Th1s as exactly what the Bakassi Petitioners are trying to do, by asking the Oat C ompames to deal with them first and directly before seeing the Obong, in all transactaons relating to oal explorataons and operations in the Peninsula But w1th due regards to the authority and supremacy of the Obong over the area. Oat C'ompames operatmg there Ill and m <Xher territories of the Obong, as a rule and condition, ought to have thcar first cootacts with the Oboog-in-COWlcil before anythang is date 111 those areas of operations

This is the best solution to the conflacts and stalemate m the operation of crude oil industry in Bakassi Peninsula. and is indeed, the best way If Bakassl rowlcll and Assembly can place their cart behind, instead of before thc1r horse However,

()()

WHO OWNS BAKASSI? ANI! ENYENE BAKASSI?

ceremonies for appeasement of Efik deities can be done wtthout joint partictpatlQt f theObong-in-Cotmcil, when they pertain only to matters and people ofthe commlBltt~· but all others coonecting foreigners or fore1gn elements, as was the case wrth Straba~ C'ompany m the constructtoo of Atimbo Bridge m Akpabuyo Local Government Area. Obong-m-Council's participation ts a must, for d1rectives and guidance nus ts the tmth and the reason why the Obong-in-Council comes mto the Bakass1

appeasement ceremony Fmallv. as already mdtcated. the Obong-m-Cou.nctl as fully prepared to

work hand Ill gloves wtth honest. smcere. and conumtted Clttzens of Bakass1

Pcnmsul::l wtth a vtcw to achtevmg the best for the people an~ the Efiks as a natton of great rcnO\Vll We further re-affinn here that the supremacy of the

Ob B k SI the people and Eftk natton as a whole, ts not a matter fot ong over a as .

d b Or neuotlatJOll at all. but a customarv and traditional btrth· e atcs controversY ~ ·

l f l Ob rlsuw from the Oncntal Culture, customs and norms ofth, rtg 1t o t 1e on g. a ~

'' tse and anctent peoples of the Far East

11 tl e ~acts the truth and mdecd noth1111.~ but the truth ·h·· 1esc a re 1 " · , ~ .

d Bakass1

brothers m thcu S 0 S Ot I (JX I to Pt~..•stdent ~h·:l: accor mg to our .. Sl r roo11

•5

hosttltlles m Bakass• ·\\1.' as thl' l.'lltlll.' Eft!.- trtbl a!l.. 1agan on amc

people wtth a long htstorv'

''i. OliR BROTHER'S KEEPER

Our Brothers of Bakassllll tlus conflict need to be onented on the pnnctples ofbe~ng OUR BROTHER'S KEEPER Dr Spencer Lew1s F R C has a lot on thas ph•losophy for those of us who want to be our Brother's Keeper Hts words are words ofw1sdom for us and mankmd to share, follow and practtse, 1f we want to be our Brother's Keeper He wants us to know that we should not claim to have unhmtted pnvtleges and raghts, or be as free as aar by prec1selydomg anything we like. because each one of us to a certain extent. is hts brother's keeper.

Certainly, none of us can hve and thmk and act m tsolatton without having some mfluence or effect upon others, since according to h1m, "One's hberttes are rhe hberttes of everyone. hts power ts a pan of the umted power of all being'· . ..--11lat 1s why the Law of Nature takes mto consideration the utmost good and the utmost benefit of all living bemgs. and again m hts words "Untt\ we place 0 ursefves m atonement With thas thought and gUide ourselves accordinglv we

fh 'd . . are 0 1.1t o amlony Wl t un•versaf Law .. ·~

70

ETUBOM(DR.) EYOOKON AKAK

Therefore, we must be mmdful and very careful of our weakness and the1r ~upon others, smce no one can continue to enjoy what is rightfully his as well ~snother's, if he or she 1s sendmg forth or producing what is destructive, unkmd, ~s1derate, and out of harmony with the universe. If we and our Brothers of B.tkaSSI can keep these principles in mind and limit our personal ambitions that ~Jd bnng sadness, want, or suffering to others, we all will be our Brother's ~eeper m 8akass1 and throughout the universe, in as far as we are guardians of hiS, as well as our own interest

lfth1s 1s done, our personal feelmgs and self mterest can thus be extended eo mclude concern for the welfare and well-being of others. a sense of JUstice, Jove, compass1on and companion, all of which in the fmal assessment of events w1ll combme to resolve the present conflict between the Obong ofCalabar and h1s Bakass1 subjects Tius 1s how to be our Brother's Keeper

...;;)o

BAllast TRADITIONAL CODICIL

Our Bet: BTC/OR(Vol.J/o1LQe Bla llajeat;r The Obong ot Calftbar '/, ln11 Street Calobar

c/o .lbana Bakaaai L.O.A.

Ausvat ~. 1998

Tour llajfeat;r

.lC'l'lVI'l'lES Or OIL COHPAHIFS OPERATING IN BAUSSI lbCU dOVEJDII\t!Nir iDi: H1'M'EB5 1Rt8!Rd

Vith ut.oet Nepect ond huailit7, ve the Bakaaei frad1Uonal Council, tor and on bebolr ot tbt entire Bataaai peoflt vtlh to 1ntol"11 Tour nuJoet;r ot the activiUea o! oi co.Dill operating 1n nataaa1 and "Wieh to atate •• tollova 1

1.

2.

,.

4.

That vt vill tocil itate oil co•paniee to pay "'ouge to nta nn,1P.AtJ nnd his 'l'raditional Court

t, ve vill OJ'pooe a aitaation~"Vbere they tail uke direct contact with the Trad_itional Council,

a:.J the entire .Btlkaasi people vbo vill be directl;r affected by envirnn11ontnl hAzards ae a rAault ot oil exploration and other N'loted nctivities in the area.

Hay ve nlso 11ler·t !lis ttnjP.sty thAt tho •bsence ot (1) above in Ogoni lnntl T"f'!lult.m! in unw,.,t:on dP.9tt"Jet!on ot lives und p1·opcrtics nnd the attendant probleM it brought to thP. wholo nr.tion, tht 11an Dituat!on abould not repe:lt itoelt in Bakaaei.

Sequel to tbe aeP.ting between the EtuDo•• s Traditional Council and tbe Bakassi Trilditional Council held on llonday 3rd Augua:rt, 1CJ9B, we aro aware that arrq•••nta are on to oppeoof" the dei ties ot Bataaai b7 the oil co•paniea which hne, up till now, not ude direct contact w1 tb us. Wo therefore appeal to Your l!aje1t7 to intenene and prevail on the oil co•paoiel to ut1 the necessary errangc.ents with ua devoid ot •111 intened1aJ7 in the intereot ot their operatioa1.

In Y1ew ot tile Above, we wish to atate catesor1ca117 that ever: !!Ubeequent arrenge!leata with oil COIIPU~II a.nd other Mthrs nrrectipg Babaai ahould bl negotiated directly wi tb the people ot Bata11i •• VI baYt at DO tbe boen involved in tbe aharios ol ro;ralth• accruing to any otbn !tit aettle•entl or Dtber eo•unitiu (o.g. r11110l !:~ PfA1inS J•o;roltlea to .lUa-4k1a, Odutpani ar·! Adtubo Itot Otu-lbuot(Mobil, Tidex, Inttl Sorvio01 IJl ~ 1111 ormrnUas ia Calabar aloDJ tbe ltariao ads). .

~. !oresoiq lbCM~ri)u our teelinsa aDd· op1D1cm• and v• b4:;t due co:ua.f.derat1on wf 11 bo Si,YIQ to "tbl lltttJ' u4 , tl'eated ae appropriato. · ·

for tnd on b~halr or Bnkasai peopl•·

eez 11 ia Ex Milit cellenc1 Cro11~1 Adainiatrator

'•r State. ~~·r tu1" .... ~ ___ /

Our Rrr: --·-----

YHrNd: __ ....................................

Tbe 'Peraonnel Hanaser loblt DrUHna lllsJ Lt.d IM 2 Aba-P/Harcourt Exprc:~.,wny Por~ Harcourt.

011.. DllLLUQ liD llPLORATlON 11 DUUSI LGA

llt;ADQUAI{TERS: Aba .. Tan u • ....,a .. c:.A (~.._ Kiwr ~U•lr

.. - '- ,~

Vo bave obaervtd with 11tudlctJ :tl lcnco the act1v1tJ.e:s or 011 Co•panltl

upec1ally Hoblt , 1 Opornt1 ng llakas:il LGA and wish. to stato u

rollOVII

(1) Wa art IWIIre LhaL Lhu pnlncu or tho Obong or Clllabar had set

up 11 ~u••1ttoo llOtiWII n:r Cv·••llllilf u!Ti:iil'l:ll Cou;:;at.c.c ~ttr. pCOI'lO

drown rroa t.ho nrlou:r l.liA:.; unu lnlure~L urou:t n~ mo•bot•u.

~ew poople voro co-oplctl Lnto llmL Co11.-1 lll!e uud u lot.l.or

oLidrtut:tel t.o your Cnlllr•auy wllh o cn)leqt thn t." tran~ac tions

\\1 :."' any other pcr:wu., I'UI'portlng to be rcprc-.cn tlng the

Counc1l or t.ho Co•auulllc:r wlll be dono ol your own rlsk".

We tha nat.1Vo:t or Uuka:r·•l, Tntdltlonal Rulers, Loaders of t.housht.l 1

Youth and Wo11en Leod..:r:t want.~ to state categorically clear that

thi:J drllllng on~ t!:<l''"rut. Ion or crude oil is done 1n Bakaui

unfi tbat. the rtr~t r~,~ or roror.ililCil iiOJSt t.i Lhi 8akl.u1 CouunHJ

lvho vlll bu dlr\:tLly nl'hwlml by Lho unvlron•ontnl h:arzardl

••onauns rroa 011 J.Jr•llllur, :111~ oxplorntton oporRUona) over .and

-usa&n.at tbo .,urpot·~•:d lualr•1u .. lJurr:t ~~;~tJ•t~&l.) d•ld••u:.J:JI:f.l tu you

rro• the Obonia Couuc ll.

(IJ llnlnl ObllrVC.d LluaL lhu •lt'l '., Hlc11 er Coaal Huu of ~hO palaco

w1U Jot 11rve our lul.t'!r\:nl, wv want lo co•1•l~Loly d1uocldo

Owt'lld ftl'l rrn~ lt"• .If'· t V lllc~· or Llu~ Coaai\.Loc nnd to ful'lhtr

lnf§rl YOU Uaat 111 Lilt! lrtLCI'U'IL ur your opnf'l.tll11n:l 1 Yllll IIUl"t. denl

dtrtCUJ vUh Lllc ll:1lcw•;tl Cor.u.un ll.y G! 1:t obtillr.ed tn other oil pi'P'duclng Aro.:a:. IUnll••·tl •,;1tttu1l In• uh ~~~~ert1un.)

( J) con~"queOllYo •• "''''-r.·••-•voo aau• 1.110 UllK&:!Sl A:~ae•bly an

u•brollo or~urll•·•lluu ur .111 Bakau1 people shall YlSlt. you

on Wedno·rdny

A copY of thl., l('ttcr 1101 Ul'OO :aont to the Obongs Councll ror

111 ror•allOfl,

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DEPUTY PRESlUt:;NT. • • • • • • : \-€~A \-- ~-IJ\) l~t,(.L CHIEF ETIH OKOH E~U:T • ~-*(tiL t=,berf) \::A_

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CIIIEF EDET t:TIH t·:FfiOH.~ . VILLAGE IIEAD . ONOSI. , ••• , ••••• , • , • , • •

EHHANUEL EFf'IONG t::n~jc COHHUNI'f'f Lt::AU.~:n •• ·y;¥"f"";Y..,.

8. &-!ION. COUNCII.LOII llt::~~·'N g. ~Uy:~ AKPAKANYA w~auu •• ·v . . ~1 .. , .. I I

9. ~-liON. COUNCJL~ljj- ' :r ~.TIH ADANA WAIIU. I~ ..... ... ~ ......... .

10, liON. AHl t::lllC ~;::;1 N 'B:}.;_. AKWA CL~. ····~·•····

11. lii\SSEY EKrt::N~ONli 1\:.u · dJf/ ASST. YOUTH LEADER. • (! ,1{. · • •

12 I CIIIEF PIIILLU' ANX~· -7

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ETUBOM (DR.) EYO OKON AKAk

11 XI SUMMARY AND CONCLUSION 11

AN OVERALL ~sessment of records and events at this stage of our research shows that the present claims of ownership of Bakac;:a1_in th1s

Oth century is the end-product of the European scrambles for Africa and the final partition of the Black continent by European Powers in the 19th centu~. 1bis work gives a vivid portrait of events in the historic era of developm~ with particular reference to the role of Britain and Germany in ~e sharing of Bl_ack Africa by the "White Nations. We have extensively dealt w1th what transp1red between these two Powers in their struggles from 1885 to 1913, and the presatt conflict between Nigeria and Cameroon arising from their 1885 treaty on Rio del Rey boundary in Bakassi Peninsula. Having gone so far, we now draw the curtain with a briefSununary and Conclusion as follows:

i. SUMMARY & MARUA DECLARATION

The Anglo-German Treaty of 188.5 started the ball rolling as we have already said by giving Bakassi Peninsula to Britain with Rio del Rey as their intematimal boundary, having Gennany to the east with Cameroon, and Britain to the wett with Nipria. Neither of the two parties knew during the signing of the treaty that the Rio del Rey waa not a river as such when they assumed it to be an eighty mile long river, because as Oscar:~ de puts it· "One of the most apparent fallacies of the asswnption was that in the 188S and other aubaequent agreemenu. Ri..> del Rey, located in the Southern-most section waa auumed to be a river 80 miles long, and flowing into the sea, whereas subsequent explorations revealed that the Rio del Rey wu not a nver at all, but an estuary which continued inland, and alao was a maze of creeks containing small streams linking two larser llreanu • the Akpayafe IDd Ndian".4SI

Germany having thus discovered her disadvantage posrtion m the barpin. as being confined to the extreme IOUth-eut of the Rio del Rey, and completely cut oft" from the Palinsula, with no aceeu to it. demanded an unmediate review of' the treaty in 1886. This and subsequent .review~ by J1el0ttltaons and agreements 11

said earlier followed up to the 1913 Agreanmt, whtdl concbtaonally was to adjust the boundary westward in favour of Germany, but unfortwwely, these proposals were ovenaken by the even1.1 of the F 1nt World War of 1914, which brouaht to an end all endelvoun, since Germany lost the war, and the proposed Aa•eeu•at or treaty eventually and inevitably d1ed a natural death

\\ ttO OW~S BAKASSI'! A~IE EN)' EN E BA KASSI'.'

Today, we are now faced with the ghost ofth•s dasputed IQ 13 Anglo-German Treat~. which is the cause of the present Bakassa daspute between Nigeria and Cameroon We are therefore, to be very objective m the re-exam mat ion of the pro and con m our Summary so as to arnve at a logically balanced conclusaon that IS

fa1r. JUst and equally objective To this end. we have to go a bat back for proper hnking offacts and events, as we have already come to the pomt that the IllS treaty was in favour of Britain, leaving Germany in the lurch This unbalanced situatioo led to subsequent negotiations of 18 86 up to IQ 13 in additaon to others of 1902 and 1904 oo Vola axis to Lake Chad and the I QQQ adJustment on Yola dowo to the end of Rio del Rey ~'

lnspite ofthese repeated negotaat•oos. efforts and endeavours. Gennany up to 1906 was still floating and unsatisfied. even though the November 15, 1893 Agreement had somehow gtven her a ray of hope by attemptmg to streamline tbe boundary in additioo to the February 12. 1906 Agreement wh1ch further provided for equal fishing and navigatioo rights oo the river boundaries_ This 1 Q06 consenJUJ still made it possible for indtgenes occup}1ng land due to be transferred to the odMr Power, free to choose wtuch side of the nver they w1shed to settJe. while Local Representatives of the two Powers were also free to use thear discretion in varying the boundary line by mutual agreement •f local conditions so demanded None of these proposals and concessions satisfied Gennany, because she finally real.illdt that there was no substance 11 talkmg about .. land due to be transferred .. or ··vat)'ia(t~ the boundary line by mutual agreement'', ..-.iuch m both cases. the transfer of=-~ rernamed ever m the pipeline, while boundary vanat1on md1cated havmg no fi · _--_·_. ___ : boundary at all. ·: . o'

Because of these glaring anomalies. amb1gurt1es and uncertamt1es, Ge=~· -":' pushed further ahead for the 1913 ~reaty wh1ch lmked up as a recu rnng deci _.. _ · _ problem m as much as the boundary ISsue remamed ever complicated and unsof ·: ;·: A. G. Fowler's expenence oo this problem •s well and fully recorded m Ius letter~" : .. ;: Aprill.S, 1895 toH.B.M High Commass1oner, Claude Macdonald m respect ofthe :; difficulties, obstacles and p'roblems in his attempt to demarcate the boundary hne~. :.:~ .. m the -duputed Rio del Rey boundary as earher mdtcated herem The High ~~-­Comnussioner himlelf m h1s Protest L«ter of 18th December. 1894 to the Governor ·: of Cameroon on German attrocrt1es an the Bakass1 Pemnsula confim1ed that there was no boundary demarcation as envtsaged m the 1893 Agreement. and further Wd:

80

ETUBOM(DR.) EYO OKON AKAK

"I CGIInot in anyway recognise the existence of a station until the ckUmltation which I believe is short(v to be taken in hand, has laid down wltere tlte boundary is to be".

his therefore, not possible, in view of these in-between fruitless negotiations up to 1909 with the delimitation and demarcation problems, to believe that the 1913 u.ty did solve the 1885 Rio del Rey boundary treaty problem between Britain IDCI Germany. Article 20 of the 1 ~ 13 Agreement ·was only introduced to cause more disagreement and complication, since it merely speculated that if Akpayafe River changes its course and transfers its waters to the Rio del Rey, the area shall remain German territory. Tins Article 20 was inexplicit, dubious and ambiguous because if the river does not change its course and/or does not transfer its waters to the Rio del Rey, the territory shall not be for Gennany. And none of the two Powers could thereafter tell or confirm whether the river did change its course or oat, or whether it did transfer its waters or not to the Rio del Rey. The Agreement in sho~ fell below expectation, and was above all, swallowed up by the 1914 World War.

Unfortunately, this is the Article which the Secretary-General of the United Nations is said to have commented upon in favour ofCameroo~ in respect of~e

1 913 Treaty, which had certainly been declared n~ll and vo1d, becau~e of 1ts numerous flaws, defects and defic~encies - ~echmcal.' legal~ c~ventaonal or ~- The First World War mevrt.ably got rt frozen m the pape-lme, estopped, ~ and buried in the course of the war, and Cameroon consequently cannot ~the basis ofthts grounded treaty, cla1m what Germany, her Colonial Master had

lost in the war.

81

n•· .. - ~ -· .... .,...,~ •. "'"'•c:. c:. n I c.,, e. DAKASSI?

C ameroon on the oth h G • Mdc ~ :

ermany, her Colonial M , ou not and cannot inherit anytJun ' World Wars she had cau:~e:~ that ~~d lost almost everything in t~~ tenns of Money, Men and Mat .•~d•t•on to her paying very heavily~ World ena s, as the 1'HREE Ms of the Ec~

Stnce we had earlier mentioned Akwa lbom State ha . h . as vmg once clal'hfd owners 1p of Bakasss1 Penmsula on the basis of its alleged administration of the area under Eket or Mbo LocaJ Government Area, we can as well re,.affinn here that, 1t could not be poss1bJe or practical for Akwa fbom State which was then nu m exastence to administer anything or anywhere. The Peninsula as a whol~. Wll

admmtstered by the fonner Cross River state in accordance with the various Laws and mstnunents already listed in this work up to 198 7 when Akwa lbom Stare came to btrth lt IS however fortunate that the one-time claim of the Akwa lbona State had already b1tten the dust. lt IS dead. buned and forgotten

ii. ('ONfLtiSION

The QliESTION as, WHO OWNS BAKASSJ? And the ANSWE,.R ts. BAkASSI BELONGS TO THE Eflk:S. who are of Efik stock and ongm •denttfvmg themselves as Efik m language. culture. custom. norms and tradatJon of the pe~plc llus IS what Mr. Okon Usun Edet and all others or Bakassr Penm~ula. 111 thc1r S 0 S ofSeptember I. )Q81 to Pres1dcnt Shayan upheld by sa\rn,g Mr Pr\.'Sidcnt. we as the entne Efik tnbe, are a people with a long hrstory \\le would llhc to make 1t categorically clear that the area compnses a mamland area whose lllhabttants. that ts ourselves are the tradatlonallandlords ofrhe d1sputed border ~

\1r Edet and Ius people fiuther saad that Usak·Eder people are Efik. and the g1catcst legacy Usak-Edct m partacular has contnbuted to the Efik - speakrns \\·odd. accordmg to them. 1s .. Ekpe Soc1ety'' as dte haghest soc1o-cultural and pohttcal Otgat\lzatron of the Efiks Sttll on settlements wtthm the area. Cluef Edet Okokon Esc..' :-~nd othNs of Atabong and Abana mcludmg others of thctr stock. 111 the•r Lc..-rrcr ofXth \1~_\. I Q73 to H1s Excellency, the Ambassador for ;\J1y~na m Carncroon sa1d among other thmgs

.. Frt~m-timt: imm~m~wit~l o~r unt·~wn ac:t:upic-tl thf! who/~ of llolw.\.\i Penm.ttu/11 tl.\ thl!lr fblrmu ~~ttll!m~nh '"h h J I'

~· h ~' · · ... ' t'l' u n·~tl here um IWur et/for mtm.t• l{t'ntrution.-. ... untlwh~n Huku~~; ~,; . ~ u·tl' plot;~' undt'r tht llritillilr .llip/r~r~ of injlut'nct th~ h ":~u a hl'IH't.'t'n •ll(t'ri ·' · · • ounuurr ' u tlllu ( umn-tNIIf wu.\ Ri11 tltl Rra·. H (o tht> E'ilt ·

:1•· M1pl~

84

ETUBOM (DR.) EVO OKO~ AKAK

hcl''t had undi.\turhed occupation of th~ lluha.'i.'ii Peninsula, beinR ttnunt,· to no peopl~ or tribe . ._ whatson'er. We veh~~ntly declare htrehy, a .. the uhtwe fact ... can testify, that we all art' aboriginal and ltgal ownen of the fi.-ehinx ... enlement.'i of the Jlaha.fsl P~ninJu/a".

On Mr Edet's reference to Usak-Edet and .. Ekpe Socaety" to the Efik, we belteve that Efik culture 1s never stat1c smce at adapts atselfto changang conditaons and adopts the best of everythmg that comes by, to ennch. blend and hannonise its own s~·stem lt has therefore. come to be part of Efik history that one Asibong Ekondo from Usak-Edet dad sell the secrets of some .. Ekpe" grades to the Efiks at ,cr~k Town at the early stage ofthear arnval there As1bong Ekondo's wrfe who ~.Kcompanu~d ham \vas sa1d to be l\1utaka '' But these grades were mere additaon ro what the Efiks had ongmallv had as "Nvana Yaku ... wh1ch gradually evolved mto Its present structure and c~mpos1t1on of "Ekpe Efik lboku"

llh.' acqu~red grad~s were fashiOill'd mto the Efik "Nyana-Yaku" ofOnental o••gm to fHrthcr ~nhancc •ts prcstl~"' and adonllll\.'llt _So lt as, because A K Han hils 1t 111 Ius R "P<'rt 1 D '· f (' 1 b th t \.: on t l"' 1spuh .. ' Over thl.' Obongslup o a a ar. 8

··~, ;, <"ertuill "1::/tp,• •• u·c" 11111 J.:i''t'll 111 tlu• Eflk" in it.tt prc•w.mt jorm. 1 h,•J·:{ik drtlrtl&.'tc•r nm,t llm·,• '""l,t'IIL'tl it ;1111~ 1111 duhaNIIe im•titutltHr Ulld h~(l t/r,• ~111mp t~/' ih own trwlitln11 an it". H

From th~ above facts. lustory and expositions. the Qllf:STIO"S as to WHO . .\RE Till-: E.'IKS? And \\'HO OWNS AND CONTROLS B.-\ k..-\S~I? arc nov. sausfuctonl\ f\nd fullv answered that. ne1rhcr the Camcroons. nor Ak\\~ lbom State of ''~!,L'I ~~has any cll\;, 11 of owncrslup over BakiiSSI Penansula. m as much ~5. 1\0ih.' of th~:m c::''' cstabhsh ;m\1hmg w1th facts of lustor\'. ev1dence or proof of O\'~nc• sl11p of the terntory Smcc the tt!l ntonall>oundan ·national and mtentataonal encloses the Penmsula wath111 Fflk land. 111 the Cross R1ver State of '•gena (nO( \ameroon), the Efiks arc therefore. the exclus1Vt! owners of Baka111

Penmsula under the supremacy. authonty, control and Junsdlctlon of the Obong of Calabar wtth the whole terntory wtthm the Federal Republic of N1pna These three hold JOint responsibility for the terntonal mtcMnty of Bakass1 Penmsula. 11 rhey are equatty respoosable for the welfare and wellbemy of the people w1thtn the Pen ansula and Nagena as a whole

1 f I .. ON(i LIVE &1KA~SI, THE EFIK_S. THE ~ CRt~ RIVER STATE ~_NIJ Nf(,£1UA.

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THE SECOND PlrnJU • H.R.H. EdidsD 8oco Eae Mlcpang Cobham V, Obcllg of Calabar, Paramcui Ruler cl Gnacl Pitrim:b of the Efiks.

87

WHO OWNS BAKASSI? ANI! EN'V!N! BAKASSI?

,, XII REFERENCE AND LITERATURE 11

1. EDE, Oscar, Oyene~ The Nlgerian-Camerooo Boundariel: Nigerian Porum, September/October 1981, page 294

2. AJOMO, M. A; The Bab11i Peninsula Problem: Legal. Political and Stndeglc Coo•idenlticn• • 1994 Judicial Lecture~ for S..ior Judicial Oftbn at Sokoto on TueJday October 25, 1994; page I.

3. ANENE, J. C ~ The International Boundaries of Nigeria 1885 • I 960: pap46

4. NAIR, K Y · Politic• & Society m South Ealtem Nigeria: pap 143.

5. LATHAM, . ~ . H; Old Calabar 1600 • 1891: page S 1.

6. OKU, Ekei E11ien (Mr1.)~ The Kings & Chiefi of Old Calabar 178.5 • 192~:page 14.

7. CROSS RIVER STATE Government Memorandum: Crosa River State Potition Paper on Bakasai Peninsula, pages 6 - 7.

1 8. FORDE, Daryll~ Efik Traders Or Old Calabar: page 13.

~ 9. lbid~ page 43.

10. ANENE, J. C; The International Boundaries of Nigeria: pages 62 • 63

11. lbid; pap 19.

J2. lbid; pap SO.

~.1. MACDONALD, Claude (Britilh CCiliUI)~ Letter NO.SS of 18th Decem8or, I 194 to Oorman Oovemor of Cameroon. ~

M•. AJOMO. M. A.; The Bakau• ~enmsula Problem: page 4.

'I'. ANEN.\ J. C; 1bo lntomatior.. Bouoderiea of Nigeria: papa 67 • 68 . .... ~ "" "

16. a.w; r,. 69. 10.

17. lbid; .., 70. , I

'188

18 )9

20

21.

22

23

24

25

26

27

28

29

30.

31.

32.

33.

34.

35.

ETUBOM (DR.) EYO OKON AKA I<

NAIR, K K~ Politics cl Society in s.uth Eastern Nigeia page 20 I ANENE, J. C~ The Intemat1onalloundaries of Nigeraa: page 71.

lbid~ 14.

NAIR, K. K, Politics & Society in South Eastern Nige1a. pages 254 -2S~

HERTSLEY, Map of Africa by Treaty Volume Ill page 903. Also Anglo­German Treaty NO. 270, Article IV(2) of 1st July 1890

AJOMO, M. A~ The Bakassi Peninsula Problem page 4

EDE, Oscar, Oyene~ The Nigerian-Cameroon Boundanes page 2Q4

CROSS RIVER STATE Government Posrtson Paper on Bakasse Pcnmsula page 12

FREEMAN, Wilham & Others. The Complete Self Educator page Ci22

Ibid. page 522

lb1d~ page 534

ETUBOM TRADITIONAL COUNCIL of the Obong offalabar, Protest Letter to Military Governor, South Eastern State of N igena on C ameroon Attrocities m Bakassi Peninsula, dated 6th July, 1973. page 3

EDE, Oscar, Oyene; The Nigerian-Cameroon Boundanes· page 294

lbid~ page 294.

Ibid~ page 294.

OKU, Ekei Essien (Mrs.); The Kings & Chiefs of Old Calabar: page

234.

lbid; page 234. -aiDe Yt111 in West lndies & Central Afnca

\WADDELL,H.M;TwemY page46l.

36. Ibid; page S09.

"'HO OWNS BAKASSJ'! ANIE ENYENE BAKASSJ?

3 7 AJOMO, M. A; The Bakassi Peninsula Problem; page 6. 38 LEAGUE OF NATIONS Declaration of July JO, 1919 in London.

30 AJOMO. M. A, The Bakassi Peninsula Problem: page 6.

-10 EDE. Oscar Oyene~ The Nigenan-Cameroon Boundaries: page 299.

• · fb1d. page 303

_..: CROSS RIVER STATE Government Position Paper on Bakassi Penmsula page 13e

-r~ lb1d. pay£' I 3d

-'~ lh1d. pag~ I ~e

~' -\J0\10 \I .J. "; llt' Bakass1 Penmsula Problem page 8

.Jf\ E.Df Osca1 0\t•ne. TI1e N1genan-Cameroon Boundaries page 2Q8.

J ~ l f:\\ IS H Spencer cOr J. F R C. ·our Brother ·s Keeper- Rosrcrucian H"'l!l.:l!!\.' pag~.· 7

lh•ct p:1g~ ..

E· Dl (hca_~ Ove1u:. TI1e N•yenan~Camcroon Boundanes page }O.J

1 OL '\G A E. (Or). & Others: Per1tion to 1\fthtary Adnunrstrator. Cross R•vcr State: on N•gcaa·C'ameroon Boundary D1spute page 3

fOE 05ear Oyenc. The N1yenan-C'ameroon Boundanes. page 2QQ

lb1d. pat,-es 2QQ- 300

,;\~AI\. Eyo Okon (Or). Eflks of Old C'alabar \blume lll11age 288 Also th~ Pal-estine Or1gan of the Efiks. page 44

lhtd. \blumc Ill. paye 1QJ

ETUBOM (DR.) EYOOKON A.KAK

IJ UTERATURE 11

AJOMO, M. A. Bakassi Peninsula Problem: 1994 Judicial Lectures for Semor Jud1c1al Officers at Sokoto on October 25, 1994.

AKAK. Eyo Okon (Or); Efiks of Old Calabar ~lume Ill. Culture & Superstitions - Paico Press & Books Ltd~ Calabar 1982.

AKAK, Eyo Okon (Dr.)~ The Palestine Origin of the Efiks. Akak & Sons, 21 Ekpo Abasi Lane. Calabar 1986.

ANENE, J C~ The IntematJonal Boundaries ofNigeria 1885 ·1960.

AYE, E U, Akpabuyo in Transition: Glad Tidings Press Ltd; Calabar 1994.

EDE, Oscar Oyene~ The Nigerian-Cameroon Boundaries: Nigerian Forum - September/October 1981.

FORDE, Daryll~ Efik Traders of Old Calabar.

FREE~AN. Wilham &. Othen; The Complete Self Educator: Ocltams Paws Lunited, Loocbt 194 7

GEARY, William Nevill; Nigeria Wider Britith Rule: Publilhed 1927 et J988. HERTSLEY; The Map of Aftica byn:-tY \blume Ill.

LAlliAM, A. J H; Old Calabar 1600 • 1891: Clal'llldcm Preu. Oldbnl 1973.

LEWIS H Spencer (Dr.), F. R. C; Our Bluher'• K~~p«: ltolicrucian H. . entage, ~ume 5. N0.2. 1998.

MOSONOO. AjCIJI Bft1aoa-Oftlq; An X-RAY Cl1 Balcaai Plnillula: An Unpublibd M•~ Uulc·Edlt 1990.

NAIR, K. ~ Politie~4 Soci«y il South Eaun N .... 1141 • 1906: Frank C.. LGxm I 912.

OKU, Ebti EPn (Mn.); The Kiwi 4 ClJil6 ofOid Calablr: CJad 1lditp Preu IJd; Calablt J 910. . . WADDSU.. Hope; 'J\wiCy-aial Ylan 11 Wilt ladiel A Ctatnl Ata

1129. J Ul ('SicaDd l!diiaa): , .... c.. & Co.Led; l.ciDdaD 1162.

91

Tlll..'.·tl'THOR.J WIFE

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