Ex-NBA VP Explains Why Buhari Must Clamp Down On Secessionists

The first Vice President of the Nigerian Bar Association, John Aikpokpo-Martins, has reacted to the secessionist agitations of the leader of the Indigenous People of Biafra, Nnamdi Kanu as well as Sunday Igboho of the Yoruba nation.

He stated via his Facebook page on Saturday, that the respective calls were unconstitutional.

He contended that the indivisibility of Nigeria was enshrined in the constitution, as such, anyone trying to divide the country was violating the law.

He added that President Muhammadu Buhari or any president has the right to deal with agitators who have secessionist template.

His words:

“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 engage 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 added.

He argued that “the President 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?

“Such agitations are simply unconstitutional and the President is constitutionally bound to engage same. Furthermore, Chapter 4 (fundamental human rights guaranteed provisions) of the constitution that many people 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 i.e seeking a divisible Nigeria!,” he added.

The NBA ex-VP stated that Kanu, Igboho groups and Boko Haram can only be in the good books of government if they renounce secession.

“For the agitators to take benefit of the provisions of the constitution and be free from the biases of those in authorities via the constitution, they must first renounce their claims to the unconstitutional calls for the divisibility of Nigeria i.e. calls to be carved out of Nigeria,” he held.

Reacting to the statement, Constitutional lawyer, Festus Ogwuche, disagreed with his position.

He stated in a chat with our correspondent that Nigeria’s Constitution co-exists with international law which provides for the self-determination of peoples.

“I may add here also that these international instruments guaranteeing the right to self determination are embodied in treaties which are guided and regulated by the Vienna Convention on the Law of Treaties, 1969.

“Article 38 of the convention is authoritative as it gives us an insight into how these instruments are construed in relation with domestic norms including the Constitution. A state entity cannot breach it’s international obligation on the justification of it’s domestic constitution.

“In other words, whatever the Constitution says contrary to the obligation cannot be an excuse for it’s defiance. So, the learned VP NBA cannot draw conclusions on the issue on the basis of the provisions of the Constitution without considering the position of domestic norms vis a vis Treaties in the light of the Convention on treaties. That is very wrong,” he stated.

Recall that the IPOB leader was arrested on Sunday and is in the custody of the Department of States Services (DSS) awaiting continuation of trial.

The DSS had also raided the house of Igboho and accused him of stockpiling of arms.