ADDENDUM:
Let it be reiterated, that the NBA Vice- President, Lawyer Aikpokpo- Martins will not be the first to point in a level headed way to the non- Constitutionality of secessionist agitations across the nation even though its allure has now grown with copy-cat fecundity due to the dire security situation across the country.
Our own Barrister Kennedy Emetulu drew attention on this forum to how such constitutional lacuna was left in the Nigerian statute books by Nigeria's founder nationalists - No, its too late to be accusing the British for leaving behind a lopsided nation where a larger North could lord it over the rest- the Nigerian nationalists ignored Awo's pleas to insert a secessionist clause in the independence Constitution, putting blind faith in the future to resolve itself and in the benevolence of Man ( that future is now here!)
I have in earlier posts observed how in 1992 the British nationalists faced with a similar situation fought tooth and nail and almost literally beheading each other in the process to see that a secessionist clause was put in the Maaschtrict Treaty that gave effect and point of no return to the commencement of the European Union. The British had to rely on this clause a generation later when the going got too tough to stage the BREXIT escape.
Majority of Nigeria's nationalist founders lacked this foresight ( and that is why I personally find nothing great in this set of nationalists who preferred to put embers in their rafters and ceilings and promptly went to bed and were soon snoring.) It is the sins of these fathers that are now being visited on the present generational children. They left no space to manoeuvre for their progeny to determine their own future.
Awo sought succour in the drive for true federalism as an anti- dote to this lack of vision by his nationalist comrades but was unable to secure complete victory in his quest in his lifetime. The current agitations should be recalibrated to snatch a federalist success from the jaws of defeat.
Nigeria did not come into existence because one part conquered, or colonised the other and imposed its rule on them and secessionist agitators should stop conducting themselves as if such was the case.
I especially empathise with the Yorùba traditional worshipper's agitations to draw attention to the antics of the nation's Christian and Muslim communities as if these matters are for these two religious impostors alone.
I can understand why the likes of my dear Senior ( Prof. Akintoye) found common grounds with them. I would urge him to make the difference and to let them realise that secession is not the way forward. They should target the constitutional amendment committee and government to see them as equal partners with the other two monotheistic impostors and that no religion is more rational or superior to others and all must be treated equal with the wealthier religions treated as business, taxed and the tax redistributed to sustain the traditional and fringe religions, while the traditional religions must be given pride of place in interfaith initiatives. A few steps remain urgent:
1. The constitutional review committee must urgently amend the nation's superstructure to replace the clauses dealing with the 'President' with ' Presidential Council' from the six geo- political sections of the country to promote such synchronic and diachronic sense of belonging and nationhood in Nigeria.
2. The Nigerian Constitution should be rechristened The PresMinster Constitution of the Federal Republic of Nigeria, as it contains the best traditions of the Presidential and Westminster systems without strict loyalty to either.
3. The Constitution should be a Sixtarchy, which urgent matters of state considered by the whole presidential council of six before consensus is agreed to end the problems of ethnic mutual suspicion.
4. Clauses should be put to make explicit what is meant by sense of belonging when it comes to geographical spread in appointments to make sure the executive does not appoint people from the same geographical zone in strategic positions more than once in a generatiin( 25 years.) Measures should be put in to the Constitution to sanction erring executives, including automatically voiding such appointments once challenged in a Court of Law.
5. Secessionist agitators must be brought to justice tried for treasinable felony, but the President needs to be statesmanlike on hand with the prerogative of mercy to commute sentences and grant pardons except where agitations were conducted with sustained orgies of violence and loss of lives.
6. The National Assembly should consider putting a secessionist clause in the Constitution to replace the clause dealing with the indivisibility of Nigeria. The clause should involve a referendum of the people canvassing secession. It should then be voted by lawmakers in both houses of the federation. The final part should be the renegotiation of assets.
The whole process should last one generation ( 25 years ) in case the succeeding generation no longer see the need for it and signal their intention to stop the process before completion because grievances leading to secession calls have been addressed and redressed. These would ensure secession bids are not frivolous ( bolękájà) affairs.
Sent from my Galaxy
-------- Original message --------
From: OLAYINKA AGBETUYI <yagbetuyi@hotmail.com>
Date: 04/07/2021 09:20 (GMT+00:00)
To: usaafricadialogue@googlegroups.com
Subject: RE: USA Africa Dialogue Series - Opinion on the Constituional power ofthe President to crush seccessionists
Lawyer Aikpokpo-Martins has hit the nail right on the head.
I could not agree with him more!
OAA
Sent from my Galaxy
-------- Original message --------
From: Ashafa Abdullahi <abashafa@gmail.com>
Date: 03/07/2021 22:37 (GMT+00:00)
To: usaafricadialogue <usaafricadialogue@googlegroups.com>
Subject: USA Africa Dialogue Series - Opinion on the Constituional power ofthe President to crush seccessionists
THE NATION
Constitution requires Buhari to crush Kanu, Igboho, says NBA Vice President
July 3, 2021
Nigerian Bar Association (NBA) 1st Vice President, John Aikpokpo-Martins, Saturday said any President of Nigeria is constitutionally bound to crush secessionists like Nnamdi Kanu and Sunday Adeyemo, alias Sunday Igboho.
Mr Aikpokpo-Martins said under Nigerian law, self-determination agitations are "simply unconstitutional".
He faulted secessionists' claim that agitation for self-determination is a fundamental right, noting that Chapter 4 (fundamental human rights guaranteed provisions) of the 1999 Constitution does not include the right to expressions seeking to divide the country.
The NBA official stated this in his personal capacity in a post on his Facebook page titled, STIRRING THE HORNET'S NEST; THE MENS REA.
He began his post by differentiating between the agitations of a former Niger Delta militant leader, Government Ekpemupolo, alias Tompolo on the one hand, and that by Boko Haram, the Independent People of Biafra (IPOB) and Igboho, on the other.
Mr Kanu, the leader of IPOB that is calling for the independence of Biafra from Nigeria, was presented before a federal high court in Abuja last Tuesday, days after his arrest at an undisclosed location abroad.
A team of joint security operatives invaded Mr Igboho's house in Soka, Ibadan, capital of Oyo State around 1an last Thursday, barely 72 hours to his plan to hold a rally in Lagos to further canvas for the Yoruba nation.
Defending the government's actions "strictly based on the law", Aikpokpo-Martins said: "Let it be known that there is a major difference in the agitation of the Niger Delta militants as led by Tompolo etc to the agitations of Boko Haram, IPOB and Sunday Igboho.
"Tompolo never agitated for a different country; this is very very significant and must reflect on how he is treated.
"Whereas Boko Haram, IPOB and Sunday Igboho are agitating to carve different countries out of Nigeria, Tompolo never did that; he is a Nigerian and advocates for justice and equity albeit as a Nigerian and in Nigeria.
"Constitutionally, no President (whether he is a Buhari, Nnamdi, Babatunde, Ahmed, Osahon, Wike, Aper etc) worth his job will treat those agitating for self-determination with kid's gloves; he is constitutionally and legally mandated and obliged to crush such people.
"You may mouth fundamental human rights to self-determination etc, but the fact is, the Nigerian constitution described Nigeria as one indivisible country; see section 2(1) of the 1999 constitution."
He explained that Buhari took an oath to defend the constitution, "so how can a President who swore to defend the constitution which contained a clause providing for the indivisibility of the country turn around to condone agitations for self-determination whether by peaceful and or violent agitations, when such agitations are directed at the core of the validity/legitimacy of the constitution he swore to defend?"
According to him, such agitations are "simply unconstitutional and the President is constitutionally bound to crush same."
He contended further that Chapter 4 (fundamental human rights guaranteed provisions) of the constitution that many rely on to defend protests, agitations and rallies to demand for a division of Nigeria into different countries "did not guarantee such expressions when such expressions or assemblages are directed at the validity and/or legitimacy of the constitution itself ie seeking a divisible Nigeria!
"It is a legal, ideological and philosophical absurdity to rely on a constitution to which you seek to destroy to protect a right to destroy the same constitution!
"The constitution must inherently and naturally protect and defend itself by denying any person or agitator any right that is inimical to its existence.
"So, those agitating to divide Nigeria cannot seek the protection of the constitution; it will not avail them. They can only seek to actualized their demands outside the purview and protection of the 1999 constitution by whatever means that they deem fit.
"The constitution and all organs and authorities that take legitimacy from the constitution will automatically be biased against such agitators, so they should not expect to be granted any benefits as of right.
"They must brace up to receive any indignity hurled at them by the system with stoic equanimity. Any right granted them by the system is simply magnanimous except such rights can be founded in international statutes."
Aikpokpo-Martins advised that for the agitators to enjoy the benefits of the constitution and be free from the biases of those in authorities vide the constitution, they must first "renounce their claims to the unconstitutional calls for the divisibility of Nigeria ie calls to be carved out of Nigeria.
"Except and until the constitution provides for the right to self-determination, any expression or assemblage where such agitations are made are not only unconstitutional but also treasonable.
"So, I urge the agitators for different countries to be carved out of Nigeria to first agitate for the right to self-determination and referendum be included in the constitution.
"Then and only then will a President who seeks to crush such agitations be said to be acting unlawfully, illegally and unconstitutionally and only then too can agitations for Boko Haram Caliphate, Odua Republic and the Biafra Republic be lawful and constitutional.
He described those who disagree with his argument as blind.
According to him; "Many persons may not agree with me, but then such people may be blinded by sentiments, ignorance or both. My analysis is strictly based on the law as I know it, and the law is not sentimental.
"Lastly, Tompolo was asking for a better deal for his people WITHIN the country called Nigeria as a Nigerian, he never professed any other nationality nor sought for the break up of Nigeria.
"This fundamental is the ideological difference between him and the others. His methods may have been unlawful, but certainly not unconstitutional, so he deserves different treatment to Sunday Igboho, Nnamdi Kanu, Shekau and all Boko Haramists.
"The actus reus may be the same, but the mens rea is not."
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