The Imperatives of Dialogue and Negotiated Resolution of Self- Determination Conflicts in Nigeria: Lessons from Others Jurisdictions
Abstract
This paper examined ‘The Imperatives of Dialogue and Negotiated Resolution of Self- determination Conflicts in Nigeria’, considering ‘Lessons from other Jurisdictions’; against the background of crisis of self-determination agitation in Nigeria particularly secessionist movements for Biafra and Yoruba Nations. The pertinent questions are; how can Nigeria be amenable to dialogue on self-determination conflicts? what mechanism for resolution of self- determination conflicts can be apposite for Nigeria democracy? and what lessons can be learned from other jurisdictions?. Adopting doctrinal research method, combining comparative analysis of other jurisdictions, this paper draws on the Causal Analysis Theoretical Approach. It found that the 1999 Constitution and African Union’s Uti Possidetis principles prohibits secession, while state responses relied on repression and criminalization than dialogue. Denying mechanism for examining self-determination claims fuels instability human rights abuses and conflict. Negotiated, consensual secession secures legitimacy and peace while unilateralism and repression prolong violence. This paper recommended replacement of repression with inclusive constitutional dialogue and a legal framework for self-determination to preserve democratic stability. Also advocated is an integrated Cosmo-National-Realism Mechanism ; a two- track process combining a domestic, ‘Negotiated Secession Mechanism’ modeled on Canada Clarity Act-with constitutional amendment, clear referendum and good-faith negotiation, and an international ‘Cosmopolitan Realism Mechanism’ through a proposed Reformed World Court for mediation and or adjudication when domestic remedies fail. It concluded that Nigerian system prioritizes territorial integrity over self-determination right. For democratic stability, Nigeria should treat self-determination as a claim to be examined and negotiated peacefully, not as treason or terrorism. Key words: Right to self-determination, self-determination conflicts, territorial Integrity, sovereignty, dialogue, negotiated resolution of conflicts. JLGP JLGP E-ISSN 2579-051X
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