Rt. Hon. John Gaul Lebo, a former Speaker of the Cross River State House of Assembly, has asserted that Cross River State possesses littoral status due to the Calabar Estuaries and the relevant provisions of the United Nations Convention on the Law of the Sea (UNCLOS). Read his argument below:
LITTORAL ENVIRONMENT
“The littoral environment refers to the interface between land and a water body, particularly the shallow zone of aquatic ecosystems (marine or freshwater) that lies close to the shore. It is characterized by the penetration of sunlight to the substrate, which supports photosynthetic and rooted aquatic plants, making it biologically productive and ecologically significant.
“In marine systems, this environment includes intertidal flats, estuaries, wetlands, mangroves, lagoons, and shorelines, while in freshwater systems, it encompasses lake margins and riverbanks with emergent vegetation.
” It plays a critical role in biodiversity support, nutrient cycling, erosion control, and as breeding/nursery grounds for aquatic organisms.
LITTORAL ZONE
“The littoral zone (also referred to as the nearshore zone) is the transitional area between terrestrial and aquatic environments, extending from the high water mark — rarely submerged — through the intertidal zone, and into shallow submerged regions of the continental shelf (in marine settings).
“In freshwater and marine ecology, it is defined by its ecological features, particularly light availability, which supports rooted vegetation and benthic life.
In a legal or geographical context, the littoral zone spans all coastal and nearshore waters within a state’s continental shelf, forming part of its maritime domain.
UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS)
“The United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982, is the international legal framework that governs state rights, responsibilities, and jurisdictions over the use and protection of oceans and seas. It establishes critical maritime zones, such as:
“Territorial Sea (up to 12 nautical miles): full sovereignty, like land territory. Exclusive Economic Zone (EEZ) (up to 200 nautical miles): rights to explore, exploit, conserve, and manage natural resources. Continental Shelf (up to 350 nautical miles or more): rights over the seabed and subsoil.
“High Seas and International Seabed Area: beyond national jurisdiction, regulated by international bodies.
“UNCLOS is often called the “constitution for the oceans” due to its comprehensive nature, governing navigation, marine resources, environmental stewardship, and dispute resolution.
Specifically Article 7 of UNCLOS states further
“Article 7 of the United Nations Convention on the Law of the Sea (UNCLOS) Specifically deals with the definition of the coastal line or more accurately, the baseline from which the breadth of the territorial sea is measured.
Article 7 of UNCLOS states
“that in localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straight baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured”.
“Upon the Ceding of Bakassi peninsular to Cameroon the Nigerian Maritime boundary line access to the Atlantic Ocean at the mouth of Akwayefa River and Cross River Conventionally must adopt Cross River State Coastal line and Litoral status from the breath of the Calabar Estuary, downward from Akwayefa River and Seaward from the Calabar Estuary.
There is No Theory in mordern Geography and Geological Science that justify the argument by the National boundary commission that Cross River State has been “CUT OFF” from its longstanding historical coastal boundary of 1884 because Nigeria lost southern Bakassi peninsular to Cameroon.
“There is no scientific magic or metaphysical interpretation that will relocate the 79 oil wells to Akwa Ibom (instead of Cameroon or Cross River State) replacing Akwa Ibom in Maritime boundary with cross River.
JUSTIFICATION: CALABAR RIVER ESTUARY AS EVIDENCE THAT CROSS RIVER STATE IS A LITTORAL STATE.
“Technically and geopolitically, Cross River State, with Calabar as its capital, qualifies as a littoral state within Nigeria, based on the following scientifically and legally grounded justifications:
“1. Hydrographic and Geographic Justification.
The Calabar River Estuary is a coastal river system that drains into the Atlantic Ocean via the Cross River and the Rio del Rey estuary, forming part of Nigeria’s coastal drainage basin.
“This estuary, located in southern Cross River State, is connected to tidally influenced mangrove swamps, brackish wetlands, and intertidal zones, satisfying the scientific criteria of a littoral environment and zone.
“2. Ecological Indicators
The presence of brackish water, tidal flushing, and mangrove ecosystems within the Calabar River estuary and adjoining creeks (such as Atimbo, Esuk Mba, and Great Kwa) indicates that the zone experiences both marine and freshwater interactions, typical of coastal and littoral regions.
“These features make the area critical for coastal biodiversity, migratory species, and ecological services, all of which are functional attributes of a littoral zone.
“3. Legal and UNCLOS Alignment.
Under UNCLOS, any state with coastal frontage, estuaries connected to the sea, or navigable access to marine waters is entitled to maritime zones and claims (e.g., territorial sea, EEZ).
“The Calabar Estuary links to the Rio del Rey, which is directly open to the Atlantic Ocean, thus legally entitling Cross River State to littoral classification and, by extension, continental shelf rights and coastal management considerations.
“4. Geopolitical and Strategic Importance.
Calabar has long served as a port city (Port of Calabar), facilitating maritime trade and naval activities. The Nigerian Navy maintains operational bases in Calabar, recognizing its strategic coastal role.
“International treaties, such as the Bakassi Peninsula handover, referenced coastal delineation involving Cross River waterways.
“5. The spurious argument that Cross River State is not a Litoral state by virtue of the ICJ judgment of 2002 is not correct, factually and Technically.
The ICJ judgment did not cede the Calabar Estuaries to Cameroon leaving out western Bakassi as well.
“The ICJ Judgment adjusted by delineation the old Bakassi peninsular maritime boundary in favour of Cameroon upto the mouth of the Akwayefa River and the Cross River westward. Upon the Ceding of Bakassi peninsular to Cameroon in 2008, the Nigerian Maritime boundary dermacation between Nigeria and Cameroon should naturally drop conventionally off the old Bakassi peninsular maritime territory to the Mouth of the Akwayefa and Cross River, including the ikang mangrove ecosystems shared equally by the ICJ Judgment leaving Cross River State as a coastal line boundary and Litoral zone.
CONCLUSION
“From ecological, legal, hydrological, and geopolitical perspectives, Calabar River Estuary confirms that Cross River State remains a bona fide littoral state within Nigeria.
“Despite administrative changes stemming from territorial adjustments (e.g., Bakassi handover), the physical connection of the estuary to the Atlantic Ocean via navigable channels remains undeniable.
“Thus, Cross River State retains its littoral character, rights, and responsibilities under UNCLOS and national maritime laws.
“Let me specifically quote from the ICJ judgment of 2002 as reported by the David D. Caron in The American Journal of International Law (Vol.97) 2002 @ pages 392-395.
“The International Court of Justice (ICJ) judgment on the Bakassi Peninsula maritime territory is pretty specific.
The exact delineation is as follows
– The boundary starts at the mouth of the Akwayefe River and Cross River (also known as Akpakorum River).
– From there, it follows the thalweg of the Akwayefe River, which means the deepest part of the river channel.
– The boundary then divides the Mangrove Islands near Ikang…..”
“Let us not allow anyone to constitute himself to a “Mungo Park ” of ideas by ascribing to himself Monopoly of Precision Knowledge without reference to existing Laws and Conventions.
In Law, There is a Difference Between Justice and Peace.
We can only achieve Peace out of Justice through Transitional Justice.
The Time is Now.
Nigeria Over to You.
gaul.lebo@yahoo.com
Written by: Rt(Hon) John Gaul Lebo
LLB(Hons) BL, LLM( Intetnational Economic Law)
Harvard Alumni.
Harvard University
Fmr Speaker CRSHA
Vice President Calabar Chamber of Commerce, industries and Agriculture Calccima Calabar
