Bande Gulbert Mbah Tarh
The existence of boundaries in most parts of Africa are as a result of African colonialism. These boundaries created by the colonial powers were inherited by African states, when they attained independence through a resolution of the African heads of state and government.The ICJ, also, interpreted the resolution, to mean the doctrine of utipossidetisjuris. Indeed, the resolution is now enshrined in the Constitutive Act of the AU, as part of the principles governing African boundaries.Besides, despite the celebrated nature of the doctrine in Africa, there are continuing frontier disputes and hostilities in the continent. In this regard, this paper aims to provide a general overview and applicability of the doctrine.As it seeks to find out the reasons for the continuing boundary disputes, the role of the doctrine, and the extent to which it is applied in Africa as a whole, with particular focus on the lesson drawn from the resolution of the Bakassi Peninsula disputes. For this fact, the method is based on non-doctrinal legal analysis, qualitative data analysis, and case study research design.The findings show that there is dissatisfaction among African leaders, over the borders inherited from the colonial powers and the impropriety of the application of the doctrine of utipossidetis in all circumstances of disputed frontiers in Africa.Though the European colonial powers are usually blamedfor the boundary disputes in Africa; the Africans leaders as well as the AU and its predecessor OAU are equally blamed for the continuing boundary disputes. From these, the paper recommends that the AU should review its border principles governing African frontiers, by fixing the common errors inherited with the colonial boundaries without actually restructuring the edges. And also,to a lesser extent, limits the strict application of the doctrine ofutipossidetis; to brighten the future of the endless boundary disputes, and ensure the proper use of the doctrine in Africa.
Tenet, UtiPossidetis, Resolution, Boundary Disputes, Africa, Bakassi Peninsula