Jan 12, 2016

WE NEED TO DOMESTICATE OUR INTERNATIONAL TREATIES by Adedunmade Onibokun

Credits-www.blog.unwatch.org
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.

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. 


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 – 

“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”.
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. 

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. 

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.

Adedunmade Onibokun Esq,
@adedunmade/twitter  

Share:

2 comments:

  1. I concur Adedunmade, this is an area in which I advised Hon. Otunba Bush who also happens to be a very good friend. I have also alluded to this in a number of articles I have written that we lack proper mechanisms in place to ensure that bilateral and multilateral treaties which Nigeria is a signatory to and has ratified are domesticated in Nigerian Law. Whilst the lack of domestication does not make the provisions of treaties non-binding in International law as most treaties particularly multilateral treaties are self-executing, domestication does provide clarity and certainty in respect of the applicability and operation of treaties as well as provide clear guidance to domestic courts in their interpretation of treaties.

    ReplyDelete
    Replies
    1. Really true sir. Hope we get to sit and talk about it together sometime. Will like to read your papers on the subject. Best regards and a happy New year.

      Delete

Blog Archive

AELEX Annual Lecture

AELEX Annual Lecture
AELEX Annual Lecture

ORDER NOW

The Nigerian blawg

Disclaimer:- Posts and comments by the publishers of this blog do not constitute legal advice or create an attorney-client relationship.

Follow by Email

Advertise your property

Property Listings

  • SALE-4bedroom duplex With 3 living rooms. Located at Opic Harmony Estate. Asking 80m Title Global C of O/ consent in progress. 08055424566
  • FOR SALE 8bedroom duplex 2 living rooms With 2 rooms BQ N150m Located off CMD Road Magodo Registered Title Contact 08055424566
  • Property for Rent – New Building, 4 unit luxury 2 bedroom flat available at Rafiu Ipaye Street, Ijesha, Surulere. Ground floor back flat- 700k per anum, First floor back flat – 750k per anum, 2nd floor back flat – 750k, 2nd floor front flat – 800k. Service charge - 75k per anum. Refundable caution – 70k. Call 08055424566 for details.
  • Property For Sale!!! A fenced and gated uncompleted 3 bedroom site on a full plot of land is available for sale at Igbetu via Awoyaya, behind Mayfair Gardepn Estate, Ibeju-Lekki, Lagos for sale. Price is N20million and Title Documents include, Family Receipt,  Deed of Assignment and Global C of O. Contact 08055424566 for more information
  • PROPERTY FOR SALE!!!!!!!!  A 5 Bedroom Duplex with 2 room BQ formerly used for a Nursery & Primary school is available for sale in Iyana Ipaja, Lagos  Building contains 9 CLASSROOMS, 2 OFFICE SPACES, 1 LARGE RECEPTION, 8 TOILETS, 5 BATHROOMS, KITCHEN,PLAY AREA. The seller's title is a certificate of Occupancy and the asking price is 35 million Naira.  Contact 08055424566 for more details 
  • List your property for rent or sale here

CONTACT US

Name

Email *

Message *

Powered by Blogger.