Interrogating the Right to Self-Determination Under the African Charter and its Enforcement in Nigeria

Since the end of colonialism, the quest for self-determination has remained a phenomenon across African states, especially Nigeria. In Nigeria, while the 1999 Constitution lacks any express or implied support for exercising the right to self-determination, agitators have justified their claims on Article 20 of the African Charter to which Nigeria is a signatory. This paper interrogated the right to self-determination under the African Charter and its enforcement in Nigeria. Further to this, the judicial attitude of the African Court and ECOWAS court to the enforcement of the right to self-determination under the African Charter formed part of the central focus of this study. The study found that having domesticated the African Charter, it is enforceable in Nigeria. It equates to any other Act validly made by the legislative arm except the Nigerian Constitution. Thus, any provision of the African Charter inconsistent with the Constitution is null and void. The paper concluded that, though Nigeria has domesticated the African Charter which recognises the right to self-determination, the exercise and pursuit of this right in any manner as to dissolve Nigeria is inconsistent with the 1999 Constitution thus null and void. Keywords: Self-Determination; African Charter; Secession; Inalienable Right; Territorial Integrity