ABUJA, Nov. 29 (Xinhuanet) -- The Nigerian High Court announced here Monday that it would on Jan. 14, 2005 decide whether or not it will restrain the Nigerian federal government from handing overthe oil rich Bakassi Peninsula to Cameroon.

    Four sons of Bakassi Kingdom have recently filed a suit to challenge the proposed handing over of their ancestral home to Cameroon.

    In the suit, the plaintiffs contended that the proposed handingover of Bakassi without an act of the National Assembly amending some part of the constitution was a flagrant disregard to the provision of the 1999 constitution.

    Kolapo Adabale, counsel representing the plaintiffs, said Bakassi was part and parcel of the land area of Cross River state and handing it over to Cameroon would amount to adjustment of the boundary of the state.

    He told the court that Bakassi was one of the 774 local governments recognized by Section 3 (6) of the 1999 constitution, and that ceding Bakassi to Cameroon would amount to amending the provision of the constitution in that regard.

    He said that if the handing over should be done, there was needfor an Act of the National Assembly effecting the amendments in the constitution which the federal government had not complied with.

    Adabale said the federal government should not be in a hurry toimplement the decision of the International Court of Justice (ICJ).

    He urged the government to take into consideration its effect on the indigenes of the area and compliance with constitutional provisions.

    Wole Aina, counsel representing the government, however, said that the court has no jurisdiction to sit on appeal over the ICJ judgment either by setting it aside or staying its execution.

    He told the court that the execution of the ICJ judgment was the prerogative of the executive arm of the government and that itwas a political decision which the court could not interfere with.

    Aina said the Bakassi people have no say in the implementation of the ICJ judgment, adding that the injunctive order sought by the plaintiffs was an open invitation to war between Nigeria and Cameroon.

    He urged the court to hold that the suit was statute barred andtherefore it should be dismissed in its entirety.

    Nigeria and its eastern neighbor Cameroon have long disputed the ownership of Bakassi, a territory rich in oil and fish resources. In October 2002, the ICJ ceded it and 33 villages in the northern Lake Chad area to Cameroon although Nigeria claimed that over 90 percent of the Bakassi people are Nigerians.

    Following the judgment, the United Nations convened a meeting of the leaders of the west African neighbors and set up a mixed commission in November 2002 to find an amicable way of resolving the border problem.

    Nigeria withdrew its authority in the 33 villages last October while Cameroon, on its part, transferred three to Nigeria in July.

    The handover of Bakassi is due to be completed by an agreed Sept. 15 deadline. But both sides have so far not agreed on a handover date for the peninsula to Cameroon. Enditem