A CRITIQUE OF THE CONSTITUTIONALITY AND CONSTITUTIONALISATION OF THE RIGHT TO SELF-DETERMINATION UNDER THE NIGERIAN CONSTITUTION

Abstract

As the quest for self-determination in Nigeria surges to a record high in recent times, the Nigerian government has repeatedly adopted every means including the use of force to quell the agitations for this right on the basis that it violates the constitution and endangers the territorial integrity of Nigeria. The advocates of this right contend that it is an inalienable right that is recognized under international laws to which Nigeria is a signatory. Therefore, enforceable in Nigeria. This paper examined the constitutionality of the right to self-determination in Nigeria. It found that though the constitution of Nigeria emphasizes the indivisibility and indissolubility of Nigeria, there is a constitutional silence on the right to self-determination. The study found further that the amalgamation of the southern and northern protectorates in 1914, political and economic marginalisation, failure of federalism, and legitimacy question surrounding the 1999 constitution amongst others are factors responsible for the various agitations in the country. Moreso, there is no express affirmation or denial of the right to self-determination under the Nigerian constitution.  The study thus concluded that the Nigerian constitution must take a decisive position on the legality of self-determination agitation in Nigeria instead of leaving the challenge to the judiciary