Advocacy is constitutionally protected
Abraham Madu
UNDERSTAND WHAT & WHY WE ARE DOING THE SELF-DETERMINATION.
Right of Self-Determination (Referendum) in Nigeria – What the Constitution Actually Says
1. No explicit right to secession or independence referendum
The 1999 Constitution of Nigeria (as amended) does NOT expressly grant any ethnic group, region, or people the right to hold a referendum to secede or form an independent country.
👉 In fact, it goes the opposite way.
Section 2(1) states:
“Nigeria is one indivisible and indissoluble sovereign state…”
This clause is the main legal wall the Nigerian state uses to oppose any secession referendum.
2. Sovereignty belongs to the people (this is the crack in the wall)
Section 2(2) says:
“Sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority.”
🔑 Key point:
If sovereignty truly belongs to the people, then self-determination is not alien to the Constitution—it is simply unrecognized explicitly.
This creates a constitutional contradiction:
Nigeria claims sovereignty comes from the people
Yet denies the people the mechanism (referendum) to express their political will beyond elections
3. Referendum exists in Nigeria — but only for STRUCTURAL changes
The Constitution recognizes referendums indirectly, but only in limited cases:
Section 8 – Creation of States & Local Governments
A referendum is required when:
Creating a new state
Adjusting boundaries
This proves one thing clearly:
Nigeria accepts referendums as a democratic tool — just not for self-determination.
So the argument that “referendum is unconstitutional” is false.
The truth is: referendum is selectively allowed.
4. Fundamental Rights that protect self-determination advocacy
Even though secession is not written in the Constitution, advocating for it is protected under Chapter IV:
Section 39 – Freedom of expression
Section 40 – Freedom of association and assembly
Section 38 – Freedom of thought and conscience
👉 This means:
Calling for a referendum is NOT treason
Organizing for self-determination is NOT unconstitutional
Peaceful agitation is LEGAL
Criminalizing self-determination advocacy violates Nigeria’s own Constitution.
5. International law overrides silence
Nigeria is bound by international law, especially:
African Charter on Human and Peoples’ Rights
Domesticated into Nigerian law (Cap A9, LFN)
Article 20:
“All peoples shall have the unquestionable and inalienable right to self-determination.”
Because it is domesticated, Nigerian courts must recognize it.
⚖️ This gives self-determination a legal foothold inside Nigeria, even if the Constitution avoids the word.
6. The real issue: political fear, not constitutional impossibility
Let’s be blunt.
The Constitution can be amended (Section 9)
Referendums already exist
International law supports self-determination
Advocacy is constitutionally protected
🚨 What blocks a referendum is political will, not law.
Bottom Line
❌ Nigeria’s Constitution does not explicitly allow a secession referendum
❌ It also does not criminalize the demand for one
✅ Sovereignty belongs to the people
✅ Referendums exist in Nigerian law
✅ International law guarantees self-determination
📌 Self-determination is not illegal — it is suppressed.
Iheonyewetere Ejike Chukwudi
Ntị ọdị kwa?
Ya kpọtụba!
Ya gazie.
Ụmụ nne Abrahamụọgụ Aṅụsịobi Madụ.