SELF-DETERMINATION IN NIGERIA: ISSUES AND PROSPECTS

Lugard A. Emokpae

Abstract


Agitation for self-determination is a burning issue in modern day Africa, and Nigeria is not left out. The right to self-determination is a fundamental principle in International Law. It evolved during the various period of decolonization of African States. Self-determination has two aspects: the internal which is synonym with democracy, and the external which is also known as secession. Regrettably Nigeria through the wordings on its constitution has no provision for the external aspect of self-determination. The preamble of the Nigerian Constitution which starts with “we the people” demonstrates the colouration of the Nigerians democratic entity which detached itself from secession. Hence, the various agitations for self-determination in Nigeria can only survive on the premise that the internal aspect of self-determination is prioritized. The External aspect of these rights ceased to be fashionable within the comity of Nations in post-colonial era in Africa, rather the principle of uti possidetis is well articulated in every region for stability and co-existence of people. Although in extreme cases, outright break-away could be permitted as a last resort, this is usually when human survival is precarious and no hope for remedial solution in co-existence. The paper revealed that in advance democracies like United Kingdom, Spain and Canada, there exists a right to determine their unification at any given time, through referendum because they practice co-federalism. This paper concluded that until the Nigerian Constitution is amended to corporate the need of co-federalism, external self-determination remain banned, outlaw and of no effect.

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