A conglomeration of ethnic nationality
groups said going by the Amalgamation
Treaty of January 1, 1914, which joined
Northern and Southern protectorates to
create Nigeria with a life span of 100
years, the country will expire at 12 a.m.
today.
Professor Akin Oyebode, a lawyer, 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.
Oyebode has a soul mate in legal icon,
Professor Itse Sagay (SAN), who argued
that there was no law that automatically
gives a treaty 100 years life span.
However, 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, insisted that
Nigeria would become history after today
and urged all Nigerians to embrace the
national conference to agree on fresh
terms of co-existing.
They spoke at a briefing held at Freedom
Park, Lagos. Present at the briefing were
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.
On nat’l dialogue, 2015
They 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.
They said: “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.”
100 years treaty
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.”
Former Director, Ministry of Foreign
Affairs, Dr. Dan Mou, said Nigeria is
fortunate that there was no separatist
movement in the country.
He said that issues such as these were
what the national conference should
resolve and all the ethnic minorities
should wait to see the outcome of the
conference, adding that President
Goodluck Jonathan acted wisely by
putting the conference in place and the
outcome should be subjected to a
referendum.
No danger,says Oyebode
Countering, Professor Oyebode said
Nigeria will not cease to exist legally on
account of the 100 years of
amalgamation because the amalgamation
was consummated through 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.”
Amalgamation was not a treaty— Sagay
Professor Itse Sagay 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 me
source :infonigeria

hmmmm