Oil Politics of 'Indivisible' and 'Indissoluble' Clause in Nigeria Constitution: A Contradiction to Right to Self-Determination

 


In a powerful statement, Comrade Igboayaka O Igboayaka, National President General of the Ohanaeze Youth Council (OYC), has critiqued the Nigerian Constitution's stance on the indivisibility and indissolubility of the state. He argues that this stance contradicts the internationally recognized right to self-determination, a principle enshrined in various international laws and treaties, including the United Nations Charter and the International Covenant on Civil and Political Rights.


The Principle of Self-Determination


Self-determination is a fundamental right in international law, allowing people to determine their political status and pursue economic, social, and cultural development. It gained significant traction in the 20th century, leading to numerous successful secessionist movements and decolonization efforts post-World War I and II.


Comrade Igboayaka emphasizes that the right to self-determination encompasses both internal and external aspects. Internal self-determination involves political and social rights within a state, while external self-determination pertains to full legal independence or secession.


"Ndigbo will keep demonstrating this inherent international right protection and provision on self-determination in Nigeria's political context," Igboayaka stated, underscoring the importance of a referendum in determining this right.


Nigeria's 1999 Constitution Under Scrutiny


Igboayaka asserts that Nigeria's 1999 Constitution, hurriedly drafted by military political profiteers, serves the interests of certain tribes while victimizing others, particularly the Ndigbo. He contends that the constitutional amendments were strategically designed to favor specific tribes and satisfy the political ambitions of a few.


"A constitution written at midnight while the masses were asleep was forced down the throats of over two hundred million people in the morning," Igboayaka lamented, highlighting the lack of democratic principles in the document.


Indivisibility and Indissolubility Clause


The controversial Article 2 of the Nigerian Constitution states, "Nigeria is one indivisible and indissoluble sovereign state to be known by the name of the Federal Republic of Nigeria." Igboayaka argues that this clause, rooted in colonial and tribal interests, contradicts Nigeria's commitments to international treaties on self-determination.


He questions the legitimacy of this clause, asking, "Was there a sovereign national conference to decide on the so-called ‘indivisible and indissoluble’ clause?" He claims the clause was included to perpetuate economic exploitation and maintain political dominance by certain groups, specifically the British, Hausa/Fulani, and Yoruba.


Oil Politics and Economic Dependence


Igboayaka points to oil politics as a significant factor behind the indivisibility and indissolubility clause. He argues that the economic survival of the Hausa/Fulani and Yoruba is falsely tied to the oil-rich lands of Ndigbo. He suggests that these groups would thrive independently and discover their inherent potentials if Nigeria were to be restructured.


"The call for political and economic unity based on oil politics has deprived Nigeria of true national unity," he asserted, noting that this unity has led to widespread poverty, corruption, and marginalization.


Call for Constitutional Reform


Igboayaka calls for the amendment of Section 2 of the 1999 Constitution to include provisions for referendums and the right to self-determination. He urges Nigerians to demand a review of the economic and political unity imposed by Britain, which led to the inclusion of the indivisibility clause.


"The clause 'Indivisible and Indissoluble' is a death penalty for Nigerians, but it significantly signifies a planned slavery against Ndigbo and other ethnic groups," he stated, calling for a sovereign national conference to address these issues.


Conclusion


Igboayaka’s passionate critique highlights the deep-seated issues within Nigeria's constitutional framework. His call for reform and recognition of self-determination rights resonates with many who feel oppressed and marginalized under the current system. As Nigeria grapples with its political and economic challenges, the debate over constitutional amendments and self-determination is likely to intensify.


Comrade Igboayaka O Igboayaka


National President General


Ohanaeze Youth Council (OYC)


July 19, 2024.

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