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A treaty is an agreement under international law entered into by participants
in international law, usually
sovereign states and international
organizations. A treaty may also
be known as an (international)
agreement, protocol, covenant, convention, pact, or exchange of letters, among
other terms.
in international law, usually
sovereign states and international
organizations. A treaty may also
be known as an (international)
agreement, protocol, covenant, convention, pact, or exchange of letters, among
other terms.
Nigeria
is a signatory to about 400 protocols and conventions according to Dayo
Bush-Alebiosu, a former lawmaker of the Federal Republic of Nigeria and former
Chairman, House Committee on Treaties and Bilateral Agreements. However,
Nigeria is not reaping the full benefits of these protocols and conventions and
here is why.
is a signatory to about 400 protocols and conventions according to Dayo
Bush-Alebiosu, a former lawmaker of the Federal Republic of Nigeria and former
Chairman, House Committee on Treaties and Bilateral Agreements. However,
Nigeria is not reaping the full benefits of these protocols and conventions and
here is why.
By
virtue of the provisions of the 1999 Constitution of the Federal Republic of
Nigeria, upon signing a treaty, it does not become law in Nigeria until
domesticated. The provision can be found in Section 12 of the Constitution. It
provides in sub-section 1 that –
virtue of the provisions of the 1999 Constitution of the Federal Republic of
Nigeria, upon signing a treaty, it does not become law in Nigeria until
domesticated. The provision can be found in Section 12 of the Constitution. It
provides in sub-section 1 that –
“No treaty between the Federation and any other country
shall have the force of law except to the extent to which any such treaty has
been enacted into law by the National Assembly”.
shall have the force of law except to the extent to which any such treaty has
been enacted into law by the National Assembly”.
Some
of these treaties offer business and investment opportunities for Nigerians and
the Nation; however, due to the lack of knowledge about these treaties, we are being
short paid even though our country is a signatory to these treaties. However,
who takes home the blame for these lapses? Nigerians don’t know.
of these treaties offer business and investment opportunities for Nigerians and
the Nation; however, due to the lack of knowledge about these treaties, we are being
short paid even though our country is a signatory to these treaties. However,
who takes home the blame for these lapses? Nigerians don’t know.
While
the Constitution states that it’s the role of the National Assembly to
domesticate treaties, the Assembly itself does not have the full list of
treaties entered into by Nigeria and neither has the Executive begun the
process of domestication as stated by the Honourable Bush. A classic example of
a treaty that Nigeria is a signatory to is the Bilateral Air Service Agreement
between Nigeria and several countries. Others are the – Extradition Treaty
between Nigeria and South Africa signed in 2005; The International Convention
for the safety of Life at Sea signed in 2004 and the International Convention
on Civil Liability for Oil Pollution Damage signed by Nigeria in 2006.
the Constitution states that it’s the role of the National Assembly to
domesticate treaties, the Assembly itself does not have the full list of
treaties entered into by Nigeria and neither has the Executive begun the
process of domestication as stated by the Honourable Bush. A classic example of
a treaty that Nigeria is a signatory to is the Bilateral Air Service Agreement
between Nigeria and several countries. Others are the – Extradition Treaty
between Nigeria and South Africa signed in 2005; The International Convention
for the safety of Life at Sea signed in 2004 and the International Convention
on Civil Liability for Oil Pollution Damage signed by Nigeria in 2006.
It
is mandatory that as a country, we are able to identify all treaties and
protocols that Nigeria is a signatory to and domesticate those that will
benefit Nigeria. As not all these treaties may be beneficial to Nigeria in the
long run or in the face of current world and economic realities. I humbly use
this opportunity to urge the Executive and government of President Buhari to
work with the National Assembly to help domesticate all our treaties.
is mandatory that as a country, we are able to identify all treaties and
protocols that Nigeria is a signatory to and domesticate those that will
benefit Nigeria. As not all these treaties may be beneficial to Nigeria in the
long run or in the face of current world and economic realities. I humbly use
this opportunity to urge the Executive and government of President Buhari to
work with the National Assembly to help domesticate all our treaties.
Adedunmade
Onibokun Esq,
Onibokun Esq,
@adedunmade/twitter