Nigeria and Cameroon share a long land and maritime frontier stretching from Lake Chad in the north to the Gulf of Guinea in the south. Among the most contentious issues along this border is the sovereignty of the Bakassi Peninsula, a coastal region rich in oil, fisheries and strategic maritime access. The dispute over Bakassi has been grounded in colonial boundary treaties, overlapping claims of administration, and legal rulings. This article examines what is known from verified sources: treaty history, the International Court of Justice (ICJ) case, and how the dispute was resolved.
Colonial Treaties and Boundary Demarcation
From the late 19th century, European colonial powers negotiated boundaries in Africa, including Britain (which controlled what became Nigeria) and Germany (which administered Kamerun). Initial agreements included the Treaty of Protection between German agents and coastal chiefs in Kamerun (1884) and further arrangements between Britain and Germany.
On 12 December 1900, Britain and Germany signed an agreement at Buea revising earlier demarcations, placing Bakassi under German colonial control. Subsequently, on 20 October 1906, another agreement at Archibong confirmed the River Akwayafe (Akwayafe) as a boundary between British and German territories along coastal creeks.
The Anglo-German Treaty of 11 March 1913 was signed in London. It delimited the frontier from Yola to the sea and included provisions relevant to Bakassi. Among those was Article XVIII, which specified that the boundary follows the thalweg (deepest channel) of the Akwayafe River, and other articles (e.g. Article XX) which dealt with circumstances under which the river’s course might alter and how that would affect sovereignty, for instance, stipulating that even if the mouth of the river shifted, the territory known as Bakassi would remain under German control.
Although Germany lost its colonies after World War I, the colonial boundary treaties remained central in later legal disputes. After WWI, the former German Kamerun was divided between Britain and France under League of Nations mandates; Britain administered parts of Kamerun as British Cameroons.
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Post-Colonial Disputes and Legal Arguments
After Nigeria and Cameroon became independent, disagreements over Bakassi persisted. Nigeria’s arguments included:
- Historical administration by indigenous authorities whose allegiance lay with Nigeria (Old Calabar chiefs), tax collection by Nigerian authorities, presence of Nigerian passports among residents.
- Challenging whether some earlier maritime or boundary declarations (such as the Yaoundé Declarations of 1970-71 and the Maroua Declaration of 1975) were valid in altering the boundary established by the 1913 treaty.
Cameroon’s case rested strongly on the 1913 treaty provisions, which clearly allocated Bakassi under German administration under those boundaries. It argued that treaty title remains valid and that colonial administration (even if limited) recognised German sovereignty, which would transfer subsequently to Cameroon.
ICJ Judgment and Greentree Agreement
On 10 October 2002, the ICJ delivered a judgement in Cameroon v. Nigeria (Land and Maritime Boundary). The Court held that sovereignty over the Bakassi Peninsula belonged to Cameroon. The Court placed weight on the 1913 Anglo-German Treaty among other colonial treaties. It also found that Nigeria had exercised certain administrative acts in the area but these did not outweigh the treaty title.
In 2006, Nigeria and Cameroon signed the Greentree Agreement, under which Nigeria agreed to withdraw its troops and administration from Bakassi, and provisions were made for safe migration and protection of the rights of affected inhabitants. The withdrawal was completed in 2008.
Consequences and Remaining Issues
Following the transfer of Bakassi to Cameroon, there were concerns regarding the welfare of Nigerian citizens living there: preserving property rights, citizenship, and livelihoods, especially fishing and trade. Some tensions persisted.
Legal scholars and Nigerian experts continue to debate some contested points: the extent to which the 1913 treaty was properly implemented, whether some agreements were superseded, and whether all local authorities were adequately represented. However, as matters of international law, the ICJ judgment and subsequent diplomatic actions have been accepted by both states as binding.
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Conclusion
The dispute over Bakassi was determined largely through treaties negotiated by colonial powers, subsequent domestic administration, and international legal adjudication. The 1913 Anglo-German Treaty played a decisive role. Although Nigeria advanced arguments based on historical occupation, administration, and local ties, the ICJ determined that the treaty title and legal principles of boundary law prevailed. The Greentree Agreement formalised the transition of sovereignty to Cameroon, with legal and diplomatic frameworks to protect affected populations.
Author’s Note
The Bakassi Peninsula dispute originated in colonial era boundary treaties, particularly those between Britain and Germany in the late 19th and early 20th centuries. The 1913 Anglo-German Treaty defined the boundary and was central to deciding sovereignty. Nigeria and Cameroon later debated declarations in 1970-75, leading to the ICJ ruling in 2002 in favour of Cameroon, followed by the 2006 Greentree Agreement implementing the handover.
Colonial treaties, even those over a century old, remain legally binding when upheld by international law. Effective resolution of boundary disputes relies on a combination of historical treaties, legal adjudication, and diplomatic implementation. Rights of affected local populations must be safeguarded in transitions of sovereignty.
References
- Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria), Judgment, International Court of Justice, 10 October 2002 (paras relating to the 1913 treaty, Articles XVIII-XX). worldcourts.com
- Oniemola, O. “India-Africa border disputes and colonial legacy: A case study of Bakassi.” International Affairs and Global Strategy, IISTE, (Journal article reviewing colonial treaties and administration). International Peace Institute+1
- CrossRiverWatch: “Investigation… Bakassi: from citizens to foreigners; from land owners to settlers” — article covering legal history, ICJ ruling, and post-handover issues. rcdij.org
