I am not a political science student but as a bookworm I have been able to delve into political science jurisprudence. One of the most celebrated American political scientists and writers, Vincent Ostrom writes in his book, “The Meaning of American Federalism“, that in a Federal country the federating states are permanently bounded to the country with the covenant of no secession.
He explains further that confederalism in contrast to federalism implies the coming together of allies or independent countries towards the realization of certain objectives or goals of which they are not permanently bounded together that is contractual agreements among the confederating countries are terminable with each country having the right of secession. Also, another political thinker, Thomas Hobbes, said that sovereignty belongs to the Government that is in loose mode of speech it is through the government that the will of the people is determined and maintained. Thomas Hobbes believed that the government and the people are on a social contract that is without the government who is the sovereign body nothing could be done by the people. A contract whether social or otherwise implies a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes as a duty. Another well-celebrated political thinker Baron De Montesquieu also writes that rather than allowing the executive to enact laws, formulate policies, and interpret laws for the people, it is pertinent and safe in order to avoid the abuse of powers that other bodies to exist as watchdogs and the interpreters of laws. He explained further that the watchdogs or the legislatures exist only to checkmate the executive so as to oppose its policies when the policies are not in favor of the people through the principles of “opposite and rival interest”. A true legislative arm either bi- camera or uni-camera must allow equal number of representatives from different constituencies and senatorial districts. The will of the people from different senatorial districts and constituencies are being hear-said through their representatives, that is, they have reposed their confidence in their representatives. In Nigeria, this principle exists not only in theory but in practice. It is true that the legislative arm (the House of Representatives and the Senate) are representing their various constituencies and senatorial districts. Whatever a representative or a senator says he or she is talking on behalf of his or her people. Several constitutions have been enacted in Nigeria before and after independence. In 1999, Nigeria, with the adoption of democracy, became federal state after several years of power and constitution alteration by the military rulers. It is no gainsaying that that the 1999 constitution drafting committee comprised representatives from the six geo-political zones.
The 1999 CFRN explicitly states that the constitution is a fundamental law of the country and it is through it that the will of the people and the aims and objectives of the government are clearly stated since it was the people through their various representatives that the constitution came into existence. Any Nigerian who acts contrarily to the constitution is believed to have contravened the law of the land or has abused the constitution. For constitution not to exist only as words on paper it requires enforceability by the government for the punishment offenders in order to prevent the country from going into extinction and chaos. With the provision of Section 2(1) which states that “Nigeria is one indivisible and indissoluble sovereign state to be known by the name of the Federal Republic of Nigeria.” In conformity to what I have said earlier, the interpretation of this section is that there is denial of secession right of any federating state that wants to pull out of the country for autonomy. The reverse is possible if and only Nigeria is a confederal state. The indigenous peoples of Biafra who are clamoring or agitating for sovereignty were
among those who consented with their brother legislatures during the drafting and enactment of the 1999 CFRN. The indigenous peoples of Biafra who are subscribers of the secession school of thought have fallen into two errors: the error of forgetting that the federation of a country implies covenant and agreement of the federating states through the enactment of a constitution to safeguard their affairs. Conversely, the provision of the 2007 of the United Nations Declaration on the Rights of Indigenous Peoples under articles 3 and 4 respectively state that “Indigenous peoples have the right to self-determination. By virtue of
that right they freely determine their political status and freely pursue their economic, social and cultural development.” And “Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions. ”The United Nations charter is an international law with several inadequacies as what notable jurists have said that international law is just a code of conduct of moral persuasion and not a law and that the rules that govern international behavior do not emanate from the normal legislative authority. In view of this, international constitution is ineffective because it operates in an unorganized society unlike domestic constitution, it is usually not obeyed with the urgency it demands; and most members of international organization cherish their individual independence to the extent that they seek feverishly to retain their sovereignty and national identity. Also, with the provision Section 1 (3) of the 1999 CFRN which states that “If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.” The constitution of the country is a sentinel to all Nigerians because we exist as a sovereign body that can settle disputes internally when there is internal insurrection and to seek the assistance of international bodies like the United Nations or other bodies when there is an external aggression. Baron De Montesquieu had said that “one of the purposes of confederation is to safeguard and protect a sovereign body from external aggression.” Taking the country to ICJ by making reference to the 2007 United Nations charter due to the alleged political marginalization of the indigenous peoples of south-south and south-east geo-political zones implies the crime of treason under law and the abuse of the constitution. The constitution of the country was not written by President Mohammed Buhari but it was through the constitution he was elected and sworn into office; it is his duty to protect the constitution from any “schist” who wants to cause schism or dismemberment or balkanization of the country.
Comrade Adelakun Adedolapo Oluwamayowa
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