Project Description

ABSTRACT ABSTRACT
This Research work is centered mainly on the International Court of Justice‟s adjudication process in the Nigerian-Cameroon conflict. The research examines how judgment over the conflict was passed by the International Court of Justice and how they ensured justice was achieved in determining who the sovereignty over the peninsula lies with.
The research for this study was conducted using secondary sources of data collection, that is, data and materials were gathered majorly from Journals, Internet Sources, Newspapers and few Textbooks.
Results from the research work reveal that the International Court of Justice declared Cameroon the sovereign owner of the Bakassi Peninsula region on the basis of the Anglo-German Treaty of 1913. It also showed how the United Nations Secretary General, Koffi Annan, used his good offices to secure Nigeria and Cameroon‟s commitment to abide by any judgment reached by the court. This he did by holding several meetings between the presidents of Nigeria and Cameroon, Obasanjo and Biya. The efforts of Koffi Annan, however, paved the way for the Green Tree Accord that served as the backbone to the International Court of Justice‟s decision.
The study thus concludes that contrary to popular conception about the unfairness of the outcome to Nigeria, the court process was, in fact, transparent open and fair to both parties. This gives to demonstrate the significance of process as a key determinant of outcomes.

CHAPTER ONE 
INTERNATIONAL COURT OF JUSTICE:
The Hague Peace Conferences (1890 & 1907) were held to address the issue of International arbitration and the work of these two conferences inspired and had an influence on the creation of the Central American Court of Justice (1908 – 1918). The conferences also had a bearing on the various plans and proposals that were submitted between 1911 and 1919, both by national and international bodies and by governments, for the establishment of an international judicial tribunal which culminated in the creation of the Permanent Court of International Justice (PCIJ) dafter the end of the First World War. On October 30 1943, following a conference between China, the USSR, the United Kingdom and the United States, a joined statement was issued “recognising the necessity of establishing a general international organization, based on the principle of the sovereign equality of all peace-loving states and open to members of such states, for the maintenance of international peace and security.” This declaration results in the publication on 9th October 1944, of proposals for the establishment of a general international organization to include an International Court of Justice.1 At the San Francisco Conference (1945), in which 50 states participated, it was decided that an entirely new court be created on the basis of PCIJ‟s past experience. The International Court of Justice was to be one of the principal organs of the United Nations necessitated the dissolution of its predecessor, PCIJ, but it was agreed the Statute of the PCIJ was a very valuable tool for any future court, and that it should be maintained. The Statute of the ICJ was adopted on 16 June 1945, together with the United Nations Charter. Both came into force on 24th October 1945.
Flowing from the foregoing, it can be said that the creation of the International Court of Justice represented the culmination of a long development of methods for the pacific settlement of international disputes, the origins of which can be traced back to classical times. Article 33 of the United Nations Charter lists the following methods for the pacific settlement of disputes between States: negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, and resort to regional agencies or arrangements of good offices should also be added to the list.2
The International Court of Justice is the world’s highest international court and the principal judicial organ of the United Nations. The ICJ has its seat in the Peace Palace in The Hague. ICJ’s primary purpose is based on Article 2 of the UN Charter which states that “all members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.” As such, the ICJ has a dual role:

A. To give judgements on contentious cases submitted to it by States, in accordance with international law and
B. To hand down advisory opinions on legal questions at the request of the United Nations organs and specialized agencies.
Only States may apply to and appear before Court. The Court decides in accordance with international treaties and conventions in force, international custom, the general principles of law and, as subsidiary means, judicial decisions and the teachings of the most highly-qualified publicists…

1.2 1.2 STATEMENT OF PROBLEM 
The resource rich Bakassi peninsula has been a bone of contention between Nigeria and Cameroon dating back to colonial period. Hostilities and military confrontations broke out in the early 1990‟s, thus Cameroon demanded the International Court of Justice intervene to help settle the dispute over its boundary with Nigeria, especially on the question of sovereignty over the Bakassi Peninsula. After eight years of judicial deliberation, the court delivered its judgement on 10th October 2002, transferring the possession of the peninsula over to Cameroon, but did not require inhabitants to move or change their nationality. This study is set to examine and analyse the International Court of Justice‟s adjudication process over the Bakassi conflict. It also aims to clarify impartiality of the judgement passed by the court. That is, clarification has become necessary because of the fact that the President of the International Court of Justice when the verdict was passed was a French man and also because Cameroon was colonised by France and these two countries maintained a good relationship with each other in terms of trade and other aspects of international relations. This situation of event could necessitate a hasty conclusion that the judgement passed by the ICJ on the ownership of the Bakassi Peninsula was in way, influenced by the historical ties that existed between France and Cameroon, and also because France could have been favoured indirectly as a result of the positive judgement in favour of Cameroon over the Bakassi Peninsula episode.

1.3 1.3 OBJECTIVE OF STUDY
The objectives of this study are to:
 Examine the adjudication process over the Nigerian-Cameroon crisis.
 Examine the roles played by the parties involved in the conflict in securing successes for themselves (Nigeria and Cameroon).
 Examine the role played by some great powers in the international system peacefully bringing an end to the conflict

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