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Written by Justice M. Mbuh   
Tuesday, 02 August 2011 22:09

Dear Dr Gumne,

The gist of your Abuja judgment is that it calls on Nigeria to get the UN to take up the question of independence for Southern Cameroons.

First of all France, the face behind the mask called Cameroon and its NATO Allies would not let this item be put on the UN agenda. Moreover, by so doing Nigeria would also automatically raise the question of independence for the Northern Cameroons. So you would agree with me that Nigeria would not initiate any such steps and we are not in a position to compel Nigeria do so.

The second judgment you say you took to our leader HRM Fon Dinka is that of Banjul, which was a collective effort of SCAPO, SCNC, SCARM, SCYL and RG. You yourselves now admit that it was not worth all the resources spent on it.

So you would agree with me that there is no judgment from the SCAPO, SCNC, SCARM, SCYL and RG which we in the home front can attempt to marry with those won by our leader HRM Fon Dinka. Here is the gist of it:

The United Nations Tribunal of Human Rights decision in the case of Fon Gorji-Dinka -v- Cameroon CCPR/1134/2002 upholds the judgment of HCB/28/92 as the best attempt at domestic redress, which failed only because Cameroon government does not respect the decisions of its own courts on human rights (Monism/Gilding Betty, etc).

I repeat: The UN upholds the judgment of HCB/28/92 as the best attempt at domestic redress.  And the said HCB/28/92 among other things

(a) declares that the occupation of Ambazonia by Cameroon is an act of aggression, and
(b) orders all elements of Cameroon rule to be expelled from Ambazonia.

Sir, I am not a lawyer but hold a Masters in International Affairs (though working on a dissertation on International Law and Conflict, ABD). However, in terms of our collective rights, the UN Charter Article 51 gives Ambazonia (the victim of Cameroon aggression) the right to use force, whether alone or with the assistance of any willing countries or NGOs or even mercenaries to flush Cameroon totally out of Ambazonia. Get the gist?

You would therefore agree with me that we have one and only one judgment to enforce. Anyone who cannot see this certainly does not see anything worth discussing.

Thank you Sir.

Justice M Mbuh


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The Abuja High Court Ruling

On February 14, 2002 a suit was filed at the Federal High Court in Abuja by 12 Southern Cameroonians acting for themselves and on behalf of the peoples of the Southern Cameroons, against the Attorney General of the Federal Republic of Nigeria.

The Plaintive requested the following reliefs from the Court:

  1. A Declaration that under Articles 1 and 20(1) (2) and (3) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap 10, Laws of the Federation of Nigeria, 1990 the Federal Republic of Nigeria has a legal duty to place before the International Court of Justice and the United Nations General Assembly and ensure diligent prosecution to conclusion the claim of the Peoples of the Southern Cameroons to self-determination and their declaration of independence;
  2. An Order compelling the government of the Federal Republic of Nigeria to place before the International Court of Justice and the United Nations General Assembly, and ensure diligent prosecution to conclusion the claim of the peoples of the Southern Cameroons to self-determination and declaration of independence.
  3. A perpetual injunction restraining the Government of the Federal Republic of Nigeria whether by herself, her servants, agents and or representations or otherwise howsoever from treating or continuing to treat or regard the Southern Cameroons and the peoples of the Territory as an integral part of la République du Cameroun.

After considering the admissibility as well as the substance of the case, the Federal High Court in Abuja finally issued the following ruling on March 5, 2002:

1. The Federal Republic of Nigeria shall institute a case before the International Court of Justice concerning the following:

(a) Whether the Union envisaged under the Southern Cameroons Plebiscite 1961 between La République du Cameroun and Southern Cameroons took effect as contemplated by the relevant United Nations Resolutions particularly United Nations General Assembly  Resolution 1352 (XIV) of 16th October 1959 and United Nations Trusteeship Council Resolution 2013 (XXIV) of 31st May 1960.

(b) Whether the termination by the Government of the United Kingdom of its trusteeship over the Southern Cameroons on 30th September 1961 without ensuring prior implementation of the Constitutional arrangements under which the Southern Cameroons and La République du 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
Camerouns Under British Administration approved by the General Assembly of the United Nations on 13th December  1946, the United Nations General Assembly Resolutions 1352 of 16th October 1959; 1608 of 21st April 1961, and United Nations Trusteeship Council Resolution 2013 (XXIV) of May 31 1960 and Article 76 (b) of the Charter of the United Nations;

(c) Was the assumption of the sovereign powers on 1st October 1961 and the continued exercise of same by the Government of La République du Cameroun over Southern 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 Came-roons and La République du Cameroun contemplated by the Southern Cameroons Plebiscite 1961 had not legally taken effect?

(d) Whether the peoples of Southern Cameroons are not entitled to self-determination within their clearly defined territory separate from La République du Cameroun;

(e) Whether it is the Southern Cameroons and not La République du Cameroun that shares a maritime boundary with the Federal Republic of Nigeria;

2. The Federal Republic of Nigeria shall take any other measures as may be necessary to place the case of the peoples of the geographical territory known as at 1st October 1960 as Southern Cameroons for self-determination before the United Nations General Assembly and any other relevant international organizations.
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Famous Quotes

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