APPRAISAL OF THE LEGAL ISSUES IN THE APPLICATION OF THE PRINCIPLE OF SELF-DETERMINATION IN NIGERIA

Abstract

The recent resurgence of secessionist and autonomy-seeking movements such as the Biafra and Yoruba Nation agitations in Nigeria has raised hydra-headed challenges in several areas – political, economic and social, and continues to threaten national unity and security. As a nation with fragmented politics, religious diversity and multi-ethnic composition, this resurgence has only heightened. Hence, this study explores the evolving discuss on the legal issues surrounding the application of the principle of self-determination under international law with the Nigerian legal and political landscape. The study adopts a doctrinal method of legal research, analysing primary and secondary sources of law and data such as statutes, journal articles, surveys, case laws. This study finds, inter alia, that although Nigeria is party to major international human rights instruments that recognise the right to self-determination, its domestic framework lacks sufficient provisions and mechanisms to truly actualise such claims. Furthermore, there are inadequacies in judicial interpretations and lack of political will in addressing the root causes in the application of this right. The study concludes that the current legal framework in Nigeria is inefficacious to manage self-determination claims, in a peaceful and just manner. Thus, it recommends amongst others, strategic constitutional and legislative reforms and an inclusive governance system that creates an atmosphere of peace and acceptance as a pathway to attaining national unity.