THE  DEMAND BY NIGERIANS FOR THE RIGHT TO SELF DETERMINATION IS LAWFUL .

Separatism or the advocacy or practice of separation of a certain group of people from a larger body on the basis of ethnicity, religion, or gender is in both Nigerian and international law inherent and inalienable right of the peoples of Nigeria.

The United Nations General Assembly on 16th Dec. 1966,  in a bid the minimize the abridgment of minority rights by over-bearing majorities in member states , adopted the International Convention on Civil and Political Rights (ICCPR) which came into force on 23rd March 1976. Nigeria ratified this Covenant on 29th July, 1993.
The first article of ICCPR emphasizes the premium the UN places on peoples’ right to self determination in unions in member states.
Part I, Article 1 provides that “All peoples have the right of self-determination.” And “By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.” Part II, Article 2 (1) binds “Each State party to the Covenant to undertake to respect and ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind . . . .“ Article 2 (2) further binds all parties to the Covenant, to domesticate the provisions of the Covenant into their national laws and “adopt such laws or other measures as may be necessary to give effect to the rights recognized in this Covenant.” Article 2 (3) compels each state party to undertakings to ensure remedy for its citizens whose rights under this Covenant have been violated or denied.”
Finding the UN ICCPR as a very critical document for stabilizing unions in Federations, the Organization of African Unity (OAU), now African Union (AU), on 27th June 1981, in its Summit meeting in Banjul, Gambia, adopted its on charter to regulate civil and political rights in the continent. This is what is now known as the African Charter on Human and Peoples’ Rights (ACHPR) (also called Banjul Charter). Article 20 of the Charter is centered on the Right to Self Determination of constituents of member states.
 (1)”All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self-determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.”
(2)”Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community.”
(3)”All peoples shall have the right to the assistance of the State Parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.”
The ACHR came into effect in all AU member nations on 21st October 1986 when over 50% of AU member states had ratified it. Nigeria signed the charter on 31st August 1982, ratified it on 22nd June 1983 and deposited it with the African Commission on Human Rights on 22nd July 1983. The African Human Rights Commission headquartered in Banjul, Gambia, regulates the ACHR and serves as a court on violations of its provisions by member States.
Nigeria further domesticated ACHR as its own municipal law by its enactment of African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Chapter A 9 (Chapter 10 LFN1990) (No.2 of 1983) 10, Laws of the Federation of Nigeria 1990.
Separatism or aspiration for separation from  political entity is therefore within the laws of UN, AU and Nigeria.
Salutary Effect of the Provision For Right to Self-Determination:
The essence of entrenching the right to self-determination in the laws of federations is not necessarily to cause disintegration. The provision at the end of the day, helps in fostering genuine unity and strengthens longer lasting and peaceful unity than unity forced on the entity by laws which pay no regard to the feelings and reactions of the divergent peoples of the federation.
Assertion of the right to self determination provision therefore humbles the excessive arrogance of the majority by ensuring equality of all before the Law and ensures that minority rights are protected.
Equality and mutual respect between the peoples comprising it, are two inherent principles of federation, the absence of which there is acrimony and alienation. Assertion of the right to self determination therefore compels mutual respect in federations between minorities and the majority groups. The absence of that right results in enslavement of minorities.
Equality and Mutual Respect between the federating people's have been identified by all political thoughts as two of the inherent principles of all successful federations.

The resolution of two Separatism agitation in Canada and UK, confirm that the exercise of the right to self determination, does not necessarily lead to secession.
 It is this right that entitled the French Roman Catholic Canadians of Quebec province who constitute only 23.07% (8.10 million) of Canada’s 35.1 million (2014) to twice freely test in referenda (1980 & 1995) their wish to separate or remain with the rest of English-speaking CanadianProtestant Pentecostals. By  Official Languages Act (1969), Canada adopted English and French as official languages of Canada.  The 1960 Canadian Bill of Rights was the country's first federal law to protect human rights and fundamental freedom. Considered groundbreaking at the time, it was eventually superseded by the 1982 Canadian Charter of Rights and Freedoms. These Acts among other things also guaranteed minority rights.  It is worthy of note that Mr. Joseph Philippe Pierre Yves Elliott Trudeau, a Quebecer and  the 15th Prime Minister of Canada  (1968 -1979 & 1980-1984) and 5th of eleven  Quebecers who have been Prime ministers, was in office during the 1980 referendum.  Quebecers found no reason to leave Canada and therefore chose to remain. Rejection of secession was again repeated in the 1995 referendum.

The Scottish Independence Referendum of Sept. 18, 2014 for the Scots, who make up only 8.32% of the UK population, is one of the most patent demonstrations of a liberal world’s assertion that “All human beings are born free and equal in dignity and rights.” (United Nations Declaration of Human Rights - UDHR Article 1) and of UK's compliance with Article1 of United Nations International Convention on Civil and Political Rights ( UN ICCPR): “All People have the right of Self Determination. By virtue of that right they freely determine their political status . . .”
The British Prime Minister explained that Britain had no legal framework for referendum but on account of the human rights implications of the Scottish agitation, he had to introduce an Order-in-Council which was supported by all political parties, to enable that referendum take place .  London and Scottish Parliaments ratified the the Order-in-Council, thereby setting up the vote. The government of United Kingdom set up an all-party committee and ensured that most Scottish grounds for separation were ameliorated or removed. On September 18, 2014, The Scottish Nation Party, the promoters of Scottish separatism, consequently lost the vote.
Consequently, nearer home,  MASSOB and IPOB are breaking no laws in agitating for separation. Indeed, they are following international and Nigerian laws by peacefully expressing their dissatisfaction with Nigeria and their separatist wish. IPOB and MASSOB are doing what regional politicians did in Quebec and Scotland, and what Catalonian politicians are doing in Spain,  since most Nigerian politicians, now out of fear of exclusion from dipping in the honey pot, do not wish to be identified with their people's aspiration, which the almighty Federal government might consider hostile.
It is the binding duty of the governments at the centre and in the states to ascertain whether it is the wish of the area the agitators are claiming to represent, by enacting a bill for referendum. If the bill passes in the area's legislative houses, then referendum must be conducted to ascertain the people's definite wish.
Shooting agitators for separatism whilst they are demonstrating peacefully or praying for their separateness is an international crime for which the Federal Government of Nigeria need to answer in the International Criminal Court and under various protocols of other UN charters/ covenants, African Commission on Human Rights, EU and municipal laws of various UN member states
Nigeria cannot claim indivisibility after allowing Bakassi to be excised from it and awarded to Cameroon for the the assistance it gave to Nigeria during the war. Not even governments are allowed in international law to approbate and reprobate. "Quod approbo non reprobo" (that which I approve, I cannot disapprove).
IPOB and MASSOB activities in this respect,  might at the end of the day be the only meaningful challenge to the arrogance of the oligarchy that has enslaved both Yoruba, Igbo Ijaw, Efik, the Middle Belt and all the northern minorities. Equality and mutual respect emerges from separatist advocacy if we'll and systematically engineered.
  As Rev.Martin Luther King learnt in the U.S. Civil rights agitation  and expressed in his biography:
 "We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed."

IPOB and MASSOB are demanding freedom for all enslaved people of Nigeria. Some may argue, We are not enslaved! But what about 300 killed and 7000 driven out of their ancestral homes into unkept refugee camps recently in Agatu in Benue State? What about Ese abduction from Bayelsa to Kano and forceful conversion to a religious faith she and neither of her parents have never identified with? What syndrome can compel such inhuman act against an infant?
Do you think that if that process is reversed and there is a kidnap from Kano to Yenegoa that this country would be as cool as it is for SEVEN GOOD MONTHS?
 What about Miss Charity (Aisha) Uzoechina, 24-year-old daughter of Pastor Uzoechina with the Redeemed Christian Church of God, RCCG, who was kidnapped from Federal Polytechnic, Bida, Niger State, and today is one of the harem women of the Etsu Nupe, in Niger State, having under influence, renounced her family and faith?

May God Help us!

Emeka Onyesoh

President, Forum for National Ethos and Values, Enugu.
3rd March 2016.