Letter from the Federal Republic of Nigeria

I FED MEN OF JUSTICE mBUJA 895235288 P. B1

I--- HONOURABLE ATTORNEY-GENEKAL

OF THE FEDERATION OF NIGERIA

AND MINISTER OF JUSTICE
FEDERAL MINISTRY OF JUSTICE
SE-IEHU SI-IAGARI WAY,
.-MAITAMA ABUJA: ?
.-*j--r-

P.M.B Nn. 132
'TelegramSolicitor RefNo..BQ.,~6/.S..4/.~1.87,.
'Tclcphonc:52941

I>:~IC13th..Septemh~r, ,1999-

Edua~do Valencia Ospina .
The Reglntrar,
International Court of Justice,I
Peace Palace,
The Hague 2517 KJ
Natherland8.

Sir.

CASE CONCERNING THE LAND AND MARITIME BOUNDARY
BETWEEN CAMEROON AND NIGERIA (CAMEROON V NIGERIA)

APTOICINTERVENE.BY EQUATORIAL GUINEA FOR PERMISSION

Thank you for your letter of 6 Beptember 1999 enclosing the response
of the Agent of Eguatarlal Gusnea. dated 3 September 1999, informing the

Court of his Government's dews on the question of a hearing in relation to
the Application to Intervene. The Federal Republic of Nigeria agreea In

substance with that response, and in particular it agrees that, subject to
what fs said below, there is no need fo~ 8n or83hearing on the Application.

There are however two paints which I do need Eo raise at this time.
I

-Status of Equatorial Guinea as a third pasty intervenor

The firstof these concerns the reeponae of Camermn dated 16 August

1999, in which itwas said that the intervention by Equatorial Quinea would
allow the Court '#toresolve more completely the difference submitted to It"

and to determine upon a boundary delimitationwhich 1s ltetab1e and effective
so far as concerns the interested Statest'.

I take this opportunity to stresa that this misrepresents the position.
As Nigeda understands the position, Equatorial Guinea did not seek to

Intervene a8 a party, but as a third party. Indeed this is expressly stated
by Equatorial Guinea. Nigeria's rasponse to the Requeet was conditional upon ---

FED MIN OF JUSTICE FiEUJG 895235288

that underatanding and that expression of intent. If there is any questton
I that Equatorial Gulnea'~ intervention, If granted, would have the consequenceB

or effects referred to by Cameroon, then the Request to Intervene would
become highly controversial, and separate oral proceedings on it would certainly

be lndlcated.

Orffan3sation of further proceedings on the maritime boundary. -

The second point concerns the queetion left open by the Caurt In
paragraph 106 of its judgment on Preliminary Objections, that la to 'say,

whether the present proceedings would be appropriately dealt with in a single
phase (all sectors of the land and kcustri~e boundary and the maritime

boundary together), or whether the iseue of delimitation of the maritime boundary
should be dealt with eeparately in a distinct phase.

fn thia regard, Nigeria notes the Courtte acceptance that Itit will be

difficult if not impossible to determine the delimitation of the maritime boundary

between the Parties as long as the title aver the Peninsula of Bakassi hns not.
been determinedn, and further its express acceptance that ithas discretion to

deal with the issues separately. St notes further the remarks made by the
President ae to this poseibility, at the meeting wIth the Agente on 28 June 1999.

A8 Higeria has submitted in Chapter 22 of its Counter-Memorial, it Is
overwhelmingly logical and appropriate first to resolve the land boundary ieeue ,

end the question of sovereignty over the Bakass! Pednaula. Only once this
ia done will discu~sfon over the delrnitation of the rneritime boundary be possible .

Such a separate procedure wes, for example, adopted by the partiest fn the
arbitretion between Eritrea and Yemen. Moreover Equatorial Guinea manifestly

has no legal interest in the land boundary questione, and has not sought to
intervene In the case in relation to those questions. ft will be simpler and

more efficient that the proceeding8 in which it has sought to intervene, which
raise quite different matters than the land boundary, be conducted in a way

which both limits and focuses its potential involvement as a third State.

For theae reasons Nigeria now requests the Court to order the eegaration

of the proceedings eo far as concerns delimitation of the maritime boundary.

Please accept, Sir, the assurances of my highest consideration.

Your8 faithfully S

h
r . ~aku Godwin Agabl, SA N I.'
Hun. Att2 rney-General of the Federation and
Minister of Juetlce .
Agent of the Federal Republic of Ulgerb.