Tuesday, December 31, 2013
Nigeria To Expire By Midnight – Groups
Nigeria
expires at 12 midnight, according to some
ethnic nationality groups inn the country.
The groups believe the Amalgamation Treaty
of January 1, 1914, which joined Northern
and Southern protectorates created Nigeria
with a life span of 100 years.
The ethnic nationalities, which included
Federation of Oodua People, Middle Belt
Congress, Lower Niger Congress and
Oporoza House, which congregated on the
banner of Movement for New Nigeria, MNN,
said Nigeria would become history after
today and therefore urged all Nigerians to
embrace the national conference to agree on
fresh terms of co-existing.
Speaking at a briefing held at Freedom Park,
Lagos attended by Elder Fred Agbeyegbe,
Co-coordinator; Tony Nnadi, Secretary-
General; Mrs Hilda Dokubo, Timi Kaiser
Ogoriba, Chief Dan Ekpebide, Abuka Onalo,
Ambah Binaebi, Shade Olukoya and Leye
Akinmodiro, the groups urged President
Goodluck Jonathan to speed up the national
dialogue, warning that it would be disastrous
to hold the 2015 elections without a new
constitution emerging from a national
conference.
“The mention of 2015 in Nigeria’s political
discourse instantly evokes two ominous
conjectures. One is the haunt of the US
intelligence prediction that Nigeria will
disintegrate before 2015.
“The other very bloody prospect swirls
around the 2015 electoral round in which a
northern politician assumes that there would
be trouble if the elections are rigged.”
Nnadi said: “What the British did in the
amalgamation treaty was to consolidate all
the treaties that they signed with the
different ethnic nationalities they subdued
in the process of their conquest.
“By 1914, the various treaties were
consolidated so as to be recognised in
international law. Under international law,
every treaty has a life span of 100 years.
The Amalgamation Treaty took effect on
January 1, 1914, which means that it will
expire on December 31, 2013.
“The second challenge for Nigeria is that the
1999 Constitution, which General
Abdulsalami Abubakar gave to Nigeria made
certain proclamations that are rooted in
falsehood because it was not a constitution
drawn up by Nigerians.
“What will hold Nigeria after December 31 is
a hope that the national conference will
produce another document that Nigerians
would accept.”
Professor Akin Oyebode, a lawyer, however
disagrees with the groups, as he said Nigeria
will not expire because the amalgamation was
not put in place by a treaty, but by an order
in council by the British Parliament.
According to him, the process of
amalgamation started in January 1900, when
the British Parliament issued an Order-in-
Council through which the Royal Nigeria
Company, which succeeded the United
African Company, ceded its power to the
British Crown and resulted in the
amalgamation of the Southern protectorate.
He said the British Parliament also issued an
Order-in-Council which resulted in the
amalgamation of Northern protectorate in
1906. The amalgamation of Northern and
Southern protectorates took place in 1914
through another Order-in-Council.
He said the order was used in British
territories, which had no legislature to issue
such legislative instrument. He said it was
through the order that Nigeria got her
independence in 1960.
Professor Oyebode agreed with moves to
convene a national conference because the
1999 Constitution, which was foisted on
Nigerians by the military, shared the same
features and characteristics with the
Amalgamation Acts which were enacted
without the participation and consent of
Nigerians.
According to Oyebode, the 1999
Constitution is nothing but Decree No. 24,
which has since been identified as a
fraudulent document.
Noting that the 1999 Constitution may be
valid but not legal, he said “what we should
expect is for the proposed national
conference to lead to a constitutional
conference through which Nigerians can
produce a document that they can respect.”
Speaking in the same vein, legal icon,
Professor Itse Sagay (SAN), who argued
that there was no law that automatically
gives a treaty of 100 years life span said: “I
totally disagree with the group that the 1914
amalgamation was by a treaty.
“It was a union imposed on us by the British
who were colonial overlords of Nigeria, then
recognised by international law, which was a
legitimate power to join the Northern and
Southern protectorates.
“So, it was not a treaty at all. If it were a
treaty, both parties could have sat round the
table to negotiate their merger. But there
wasn’t anything like that at all.
“The people just woke up one morning and
found out that they have been joined
together by the superior colonial force.
“Meanwhile, contrary to their belief that a
treaty can expire, it can be forever and can
be terminated by either party. A party can
withdraw from a treaty at anytime, provided
certain conditions are met,” he said.
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