The Federal High Court of Abuja, Nigeria
The Southern Cameroons Peoples Organization, SCAPO, one of the leading groups crusading for the restoration of the independence and sovereignty of the Southern British Cameroons, took the Federal Government of Nigeria to the Federal High Court in Abuja to demand that the Federal Government honors its obligations under the African Charter of Human and Peoples Rights by taking up the case of the self-determination of the people of the former the British Cameroons to the International Court of Justice and to the United Nations General Assembly. Case File and Ruling of the Abuja High Court is herein attached.
After a very passionate debate on the admissibility of such a case brought by a foreign group, Justice Rosaline Ukeje finally ruled the case admissible and went on to hear the substance. Justice Rosaline Ukeje finally issued a landmark ruling on March 5, 2002 demanding that:
The Federal Republic of Nigeria shall institute a case before the International Court of Justice concerning the following:
1) Whether the Union envisaged under the Southern British Cameroons Plebiscite 1961 between La Republique du Cameroun (French Cameroun) and the Southern Cameroons took effect as contemplated by the relevant United Nations Resolutions particularly United Nations General Assembly Resolution 1352 (XIV) of October 16, 1959 and United Nations Trusteeship Council Resolution 2013 (XXIV) of May 31, 1960.
2) Whether the termination by the government of the United Kingdom of its trusteeship over the Southern British Cameroons on September 30, 1961 without ensuring prior implementation of the Constitutional arrangements under which the Southern British Cameroons and La Republique du Cameroun (French Cameroun) were to unite as one Federal State was not in breach of Articles 3 and 6 of the Trusteeship Agreement for the Territory of the Cameroons Under British Administration approved by the General Assembly of the United Nations on December 13, 1946, the United Nations General Assembly Resolutions 1352 of October 16, 1959; 1608 of April 21, 1961, and United Nations Trusteeship Council Resolution 2013 (XXIV) of May 31 1960 and Article 76 (b) of the Charter of the United Nations;
3) Was the assumption of the Sovereign Powers on October 1, 1961 and the continued exercise of same by the government of La Republique du Cameroun (French Cameroun) over the Southern British Cameroons (after termination by the government of the United Kingdom of its Trusteeship over the territory) legal and valid when the Union between the Southern British Cameroons and La Republique du Cameroun (French Cameroun) contemplated by the Southern Cameroons Plebiscite 1961 had not legally taken effect?
4) Whether the peoples of the Southern British Cameroons are not entitled to self-determination within their clearly defined territory separate La Republique du Cameroun (French Cameroun) ;
5) Whether it is the Southern British Cameroons and not La Republique du Cameroun (French Cameroun) that shares a maritime boundary with the Federal Republic of Nigeria.
In March 2002, the Hon (Mrs.) Justice Rosaline Ukeje in March 2002 delivered The Tomlin Order on the SCAPO Case. The ruling ordered the Federal Republic of Nigeria to take any other measures as may be necessary to place the case of the peoples of the geographical territory known as at October 1, 1960 as the Southern British Cameroons for self-determination before the United Nations General Assembly and any other relevant international organizations. The Ruling also banned past, present and future governments of the Federal Republic of Nigeria from considering the Southern British Cameroons as part of French Cameroun. The Obasanjo, the Yar Adua and the Goodluck Jonathan administrations seemed to be ignoring the above ruling.
Whereas the following developments since the 2002 Abuja High Court Ruling as delivered Hon (Mrs.) Justice Rosaline Ukeje are incontrovertible:
1) The handing over of the two maps (map of République du Cameroun at independence on 1st January 1960) and the map of the UNO state of Cameroon (Ambazonia) to President Biya of La République du Cameroun and President Goodluck Ebele Jonathan of Nigeria on 20th May 2010 in Yaoundé, La République du Cameroun by Dr Ali Abdusalami Triki, President of the 64th Session of the UN General Assembly.
2) The handing over of two flags: the flag of La République du Cameroun on 1st January, 1960 and the United Nations flag for the UNO state of Cameroon to President Biya of French Cameroun on June 1, 2010 in Yaoundé by the Secretary General of the United Nations, His Excellency Ban Ki Moon.
3) The handing over of the following documents to President Paul Biya in Yaoundé, for information and action on 10th June, 2010 and the copy certified by the UN Secretary General, H.E. Ban Ki Moon, of the identification card of prof Martin Chia Ateh to issue same identification cards to citizens of the UNO State of Cameroon.
4) The invitation of the International Court of Justice (ICJ) of 17th January 2011 (received February 2011) for the UN State of Cameroon to forward its concerns to that world court for proper consideration since the world court deals only with states and not individuals. Article 34(1) of the statute of the ICJ: most recently on the positive declaration of the President Goodluck Jonathan of Nigeria had closed the dispute between La République du Cameroun and Nigeria on who had sovereignty over Bakassi because Nigeria had seen UN State of Cameroon emerge as the right owners of Bakassi.
5) The approval of the UN Secretary General, the UN State of Cameroon in a correspondence dated 17th January 2011 to update contact with International Telecommunications Union (ITU) authorities for membership and provision of a country code for the UN State of Cameroon as a country, a point signifying right of sovereignty and independence.
6) The approval of the UN Secretary General to send a letter of intent to request for membership to become a party to the International Criminal Police Organisation (INTERPOL) in the near future from the UN State of Cameroon to the Secretary General of the International Criminal Police Organisation whose seat is in Lyon, France.
7) The approval of the UN Secretary General a letter of intent for the UN State of Cameroon to request for membership of the International Civil Aviation organisation (ICAO).
8) The UN Secretary General approval letter of intent sent to both the President of Nigeria and Equatorial Guinea concerning the completion of the establishment of the respective maritime boundaries of 23rd September 2000.
Hopefully, our Nigerian neighbours, brothers and sisters, would pressure the government o look into this matter. There are circa 3.000.000 Nigerians living in this territory and any armed conflict with La Republique du Cameroun and Southern Cameroons would invent untold misery for all interested parties. Already the same causes led to the Boko Haram insurgency in the Northern British Cameroons.
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