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On Secession: A Legal Perspective - Politics (2) - Nairaland

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Re: On Secession: A Legal Perspective by kayfra: 4:49pm On Dec 29, 2015
HiddenShadow:


Since the Moderators are yet to act, I believe no NL law can be used against me

UN supercedes Nigeria

Once UN decides to have its way, Nigeria has no choice but to obey.

Failure to obey means forceful separation of which Nigeria has no military strength to stop a UN backed Secession.

Doesn't exist in any UN charter nor security council. Proof please.

We aren't breaking any NL rules.

1 Like

Re: On Secession: A Legal Perspective by adaweezy(m): 4:53pm On Dec 29, 2015
HiddenShadow:





Since the Moderators are yet to act, I believe no NL law can be used against me

UN supercedes Nigeria

Once UN decides to have its way, Nigeria has no choice but to obey.

Failure to obey means forceful separation of which Nigeria has no military strength to stop a UN backed Secession.
The UN cannot do anything to Nigeria

3 Likes

Re: On Secession: A Legal Perspective by HiddenShadow: 4:54pm On Dec 29, 2015
kayfra:


Doesn't exist in any UN charter nor security council. Proof please.

We aren't breaking any NL rules.


The only nation that can oppose UN backed secession are nations that are united, militarily strong and economically useful to the world.

All these qualities Nigeria lacks.

5 Likes

Re: On Secession: A Legal Perspective by kayfra: 4:55pm On Dec 29, 2015
Dedetwo:


The right to Self-determination is supported by Sections 35, 40 and 41 of the Fundamental Human Rights Charter of the 1999 Constitution of the Federal Republic of Nigeria.

It is not enshrined in our Constitution. Prof Nwabueze, a constitutional, lawyer was fighting for its inclusion just last year.

3 Likes

Re: On Secession: A Legal Perspective by kayfra: 4:56pm On Dec 29, 2015
HiddenShadow:



The only nation that can oppose UN backed secession are nations that are united, militarily strong and economically useful to the world.

All these qualities Nigeria lacks.

UN has charters and rulings etc. Just post one that backs your claim. Kapish.

2 Likes

Re: On Secession: A Legal Perspective by HiddenShadow: 4:57pm On Dec 29, 2015
adaweezy:

The UN cannot do anything to Nigeria


Once UN supports referendum, any opposition by Nigeria will see lots of interested powers side the secessionists

One fact you must put into considerations is that the secessionists have the power to defeat Nigeria once these interested powers side them.

3 Likes

Re: On Secession: A Legal Perspective by baralatie(m): 4:58pm On Dec 29, 2015
Dedetwo:


The right to Self-determination is supported by Sections 35, 40 and 41 of the Fundamental Human Rights Charter of the 1999 Constitution of the Federal Republic of Nigeria.
This is chapter 4 of the constitution as It address fundamental human rights

"Chapter IV
Fundamental Rights

33.
Right to life.
34 Right to dignity of human persons.
35 Right to personal liberty.
36. Right to fair hearing.
37 Right to private and family life.
38 Right to freedom of thought, conscience and religion
39. Right to freedom of expression and the press.
40 Right to peaceful assembly and association. 41 Right to freedom of movement.
42 Right to freedom from discrimination.
43 Right to acquire and own immovable property.
44 Compulsory acquisition of property.
45 Restriction on and derogation from fundamental human rights.
46 Special jurisdiction


"

1 Like

Re: On Secession: A Legal Perspective by HiddenShadow: 4:59pm On Dec 29, 2015
kayfra:


UN has charters and filings etc. Just post one that backs your claim. Kapish.


China can oppose UN backed secession within her territory because of her military and economic power.

The price she will pay for such is internal revolts which will weaken her on the long run.
Re: On Secession: A Legal Perspective by baralatie(m): 5:01pm On Dec 29, 2015
HiddenShadow:


China can oppose UN backed secession within her territory because of her military and economic power.

The price she will pay for such is internal revolts which will weaken her on the long run.
This na UN charter

1 Like

Re: On Secession: A Legal Perspective by kayfra: 5:02pm On Dec 29, 2015
HiddenShadow:


China can oppose UN backed secession within her territory because of her military and economic power.

The price she will pay for such is internal revolts which will weaken her on the long run.

That is really funny. There is something called sovereignty, which Nigeria and most countries enjoy. Not by brute force and power. Lolz

2 Likes

Re: On Secession: A Legal Perspective by kayfra: 5:03pm On Dec 29, 2015
baralatie:

This is chapter 4 of the constitution as It address fundamental human rights

"Chapter IV
Fundamental Rights

33.
Right to life.
34 Right to dignity of human persons.
35 Right to personal liberty.
36. Right to fair hearing.
37 Right to private and family life.
38 Right to freedom of thought, conscience and religion
39. Right to freedom of expression and the press.
40 Right to peaceful assembly and association. 41 Right to freedom of movement.
42 Right to freedom from discrimination.
43 Right to acquire and own immovable property.
44 Compulsory acquisition of property.
45 Restriction on and derogation from fundamental human rights.
46 Special jurisdiction


"

I don't see a right to self determination or secession anywhere in our Constitution. Zero.

1 Like

Re: On Secession: A Legal Perspective by HiddenShadow: 5:04pm On Dec 29, 2015
baralatie:

This na UN charter

I am talking about international power and not charter


Remember East Timor of Indonesia. Though small but recently became independent 15years ago through a UN backed referendum.
Re: On Secession: A Legal Perspective by kayfra: 5:06pm On Dec 29, 2015
HiddenShadow:


China can oppose UN backed secession within her territory because of her military and economic power.

The price she will pay for such is internal revolts which will weaken her on the long run.

Start with ordinary wiki (they cited all their sources) and then take it to the library

https://en.m.wikipedia.org/wiki/Self-determination

You will have an idea what UN stands for, it's limits and powers or lack off power. Take it from there. ..

1 Like

Re: On Secession: A Legal Perspective by HiddenShadow: 5:06pm On Dec 29, 2015
kayfra:


That is really funny. There is something called sovereignty, which Nigeria and most countries enjoy. Not by brute force and power. Lolz

Sudan and Indonesia have sovereignty. Am I right.?


Why then did South Sudan and East Timor breakaway through a UN backed referendum.

3 Likes

Re: On Secession: A Legal Perspective by HiddenShadow: 5:07pm On Dec 29, 2015
kayfra:


Start with ordinary wiki (they cited all their sources) and then take it to the library

https://en.m.wikipedia.org/wiki/Self-determination

You will have an idea what UN stands for, it's limits and powers or lack off power. Take it from there. ..

You still do not get the point

Nigeria view don't count ask Sudan and Indonesia concerning South Sudan and East Timor.

Nigeria should negotiate now or forget it

3 Likes

Re: On Secession: A Legal Perspective by kayfra: 5:08pm On Dec 29, 2015
HiddenShadow:


Sudan and Indonesia have sovereignty. Am I right.?


Why then did South Sudan and East Timor breakaway through a UN backed referendum.

Sudan went to war so total breakdown of law and order. Which we don't have in Nigeria.

East Timor was violently occupied by Indonesia on no legal basis.

War is the keyword here.

3 Likes

Re: On Secession: A Legal Perspective by Dedetwo(m): 5:10pm On Dec 29, 2015
kayfra:


I don't see a right to self determination or secession anywhere in our Constitution. Zero.

Self-determination is not explicitly stated but section 35, 40 and 41 stated it in a nutshell.
Re: On Secession: A Legal Perspective by HiddenShadow: 5:10pm On Dec 29, 2015
kayfra:

Sudan went to war so total breakdown of law and order. Which we don't have in Nigeria.
War is the keyword here.

What of Indonesia and East Timor
Re: On Secession: A Legal Perspective by baralatie(m): 5:10pm On Dec 29, 2015
HiddenShadow:


I am talking about international power and not charter


Remember East Timor of Indonesia. Though small but recently became independent 15years ago through a UN backed referendum.
Oga east Timor declared independence in 1975 and recognised in the un charter

2 Likes

Re: On Secession: A Legal Perspective by baralatie(m): 5:13pm On Dec 29, 2015
Dedetwo:


Self-determination is not explicitly stated but section 35, 40 and 41 stated it in a nutshell.
Which of the nut shell
Re: On Secession: A Legal Perspective by HiddenShadow: 5:14pm On Dec 29, 2015
baralatie:

Oga east Timor declared independence in 1975 and recognised in the un charter

Read about East Timor recent independence about 15years ago

https://en.m.wikipedia.org/wiki/East_Timor
Re: On Secession: A Legal Perspective by Dedetwo(m): 5:16pm On Dec 29, 2015
Self-determination:

1 the process of determination by the people of a territorial unit of their own future political status
2 the process by which persons control their political lives and status.
3 the determining by the people of the form their government shall have, without reference to the wishes of any other
nation, especially by people of a territory or former colony.
Re: On Secession: A Legal Perspective by baralatie(m): 5:18pm On Dec 29, 2015
HiddenShadow:


Read about East Timor recent independence about 15years ago

https://en.m.wikipedia.org/wiki/East_Timor
East Timor declared itself independent from Portugal on 28 November 1975, but was invaded by neighbouring Indonesia nine days later. The country was later incorporated as the province of Indonesia afterwards. During the subsequent two-decade occupation

1 Like

Re: On Secession: A Legal Perspective by Dedetwo(m): 5:18pm On Dec 29, 2015
baralatie:

Which of the nut shell

Right to personal liberty.
Re: On Secession: A Legal Perspective by HiddenShadow: 5:20pm On Dec 29, 2015
baralatie:

East Timor declared itself independent from Portugal on 28 November 1975, but was invaded by neighbouring Indonesia nine days later. The country was later incorporated as the province of Indonesia afterwards. During the subsequent two-decade occupation

Finish reading it please.

When you do, you will come across 2002 independence from Indonesian
Re: On Secession: A Legal Perspective by kayfra: 5:20pm On Dec 29, 2015
Dedetwo:


Self-determination is not explicitly stated but section 35, 40 and 41 stated it in a nutshell.

Please show me self determination in the sections you confidently refered to below:

35. (1) Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law -
(a) in execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty;
(b) by reason of his failure to comply with the order of a court or in order to secure the fulfilment of any obligation imposed upon him by law;
(c) for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence;
(d) in the case of a person who has not attained the age of eighteen years for the purpose of his education or welfare;
(e) in the case of persons suffering from infectious or contagious disease, persons of unsound mind, persons addicted to drugs or alcohol or vagrants, for the purpose of their care or treatment or the protection of the community; or
(f) for the purpose of preventing the unlawful entry of any person into Nigeria or of effecting the expulsion, extradition or other lawful removal from Nigeria of any person or the taking of proceedings relating thereto:
Provided that a person who is charged with an offence and who has been detained in lawful custody awaiting trial shall not continue to be kept in such detention for a period longer than the maximum period of imprisonment prescribed for the offence.

(2) Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.
(3) Any person who is arrested or detained shall be informed in writing within twenty-four hours (and in a language that he understands) of the facts and grounds for his arrest or detention.
(4) Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time, and if he is not tried within a period of -
(a) two months from the date of his arrest or detention in the case of a person who is in custody or is not entitled to bail; or
(b) three months from the date of his arrest or detention in the case of a person who has been released on bail, he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date.
(5) In subsection (4) of this section, the expression "a reasonable time" means -
(a) in the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of forty kilometres, a period of one day; and
(b) in any other case, a period of two days or such longer period as in the circumstances may be considered by the court to be reasonable.
(6) Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person; and in this subsection, "the appropriate authority or person" means an authority or person specified by law.
(7) Nothing in this section shall be construed -
(a) in relation to subsection (4) of this section, as applying in the case of a person arrested or detained upon reasonable suspicion of having committed a capital offence; and
(b) as invalidating any law by reason only that it authorises the detention for a period not exceeding three months of a member of the armed forces of the federation or a member of the Nigeria Police Force in execution of a sentence imposed by an officer of the armed forces of the Federation or of the Nigeria police force, in respect of an offence punishable by such detention of which he has been found guilty.


40. Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests:
Provided that the provisions of this section shall not derogate from the powers conferred by this Constitution on the Independent National Electoral Commission with respect to political parties to which that Commission does not accord recognition.
41.(1) Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom.
(2) Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society-
(a) imposing restrictions on the residence or movement of any person who has committed or is reasonably suspected to have committed a criminal offence in order to prevent him from leaving Nigeria; or
(b) providing for the removal of any person from Nigeria to any other country to:-
(i) be tried outside Nigeria for any criminal offence, or
(ii) undergo imprisonment outside Nigeria in execution of the sentence of a court of law in respect of a criminal offence of which he has been found guilty:
Provided that there is reciprocal agreement between Nigeria and such other country in relation to such matter.

1 Like

Re: On Secession: A Legal Perspective by baralatie(m): 5:20pm On Dec 29, 2015
Dedetwo:
Self-determination:

1 the process of determination by the people of a territorial unit of their own future political status
2 the process by which persons control their political lives and status.
3 the determining by the people of the form their government shall have, without reference to the wishes of any other
nation, especially by people of a territory or former colony.
Compare with Nigeria constitution below

" Chapter IV
Fundamental Rights

33.
Right to life.
34 Right to dignity of human persons.
35 Right to personal liberty.
36. Right to fair hearing.
37 Right to private and family life.
38 Right to freedom of thought, conscience and religion
39. Right to freedom of expression and the press.
40 Right to peaceful assembly and association. 41 Right to freedom of movement.
42 Right to freedom from discrimination.
43 Right to acquire and own immovable property.
44 Compulsory acquisition of property.
45 Restriction on and derogation from fundamental human rights.
46 Special jurisdiction
Re: On Secession: A Legal Perspective by nduchucks: 5:21pm On Dec 29, 2015
Dedetwo:


Right to personal liberty.

Oga, you right to personal liberty does not mean that you are at liberty to slap me unprovoked. You are not at liberty to commit treasonable offenses because of this so-called right to personal liberty of yours either.

Preach that sermon to the birds. cool

1 Like

Re: On Secession: A Legal Perspective by kayfra: 5:22pm On Dec 29, 2015
Dedetwo:


Right to personal liberty.

Personal liberty isn't the same as secession. It can't be misconstrued.

1 Like

Re: On Secession: A Legal Perspective by baralatie(m): 5:22pm On Dec 29, 2015
HiddenShadow:


Finish reading it please.

When you do, you will come across 2002 independence from Indonesian
You skipped the part that state it was already a sovereign state which the UN recognises

1 Like

Re: On Secession: A Legal Perspective by HiddenShadow: 5:22pm On Dec 29, 2015
nduchucks:


Oga, you right to personal liberty does not mean that you are at liberty to slap me unprovoked. You are not at liberty to commit treasonable offenses because of this so-called right to personal liberty of yours either.

Preach that sermon to the birds. cool

Stick to the topic

1 Like

Re: On Secession: A Legal Perspective by OfoIgbo: 5:23pm On Dec 29, 2015
adaweezy:

The UN cannot do anything to Nigeria

The UN can do a great deal to Nigeria, if the country is not united. A faulty and fraudulent constitution has already created the disunity. The only way to be impervious to UN manilulations is the discarding of the 1999 constitution and the adoption of the People's constitution. That will ensure every section of Nigeria sees Nigeria as protecting their interest, hence worth fighting for.

As things stand, the UN can easily destroy Buhari or Nigeria because a huge section within Nigeria, feel marginalised. Igbos alone can easily defeat Nigeria, if Nigeria is not supported by the west, let alone in a situation where the UN gives them the legal backing and weapons procurement rights.

That is why the only way to go, is the adoption of a people's constitution, thus giving everyone a sense of belonging

2 Likes

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