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By Dr. Tonye Clinton Jaja, Senior Research Fellow, National Institute for Legislative and Democratic Studies (NILDS), Abuja, FCT, Nigeria.
Yesterday, an online newspaper reported that the House of Representatives, National Assembly had enacted a Resolution directing that the President of the Federal Republic of Nigeria should discontinue any planned implementation of the 2023 Samoa Agreement.
Hon. Aliyu Madaki, and 87 other legislators were reported as sponsors of the Motion that resulted in this Resolution. It was reported that their major argument was that there is a mention of “gender equality” within the text of the said SAMOA AGREEMENT “which violates the morals of the country”-Nigeria.
Yesterday, I asked a Professor of International Law, (Amos Enabulele) at the University of Benin, he informed me that by virtue of Sections 19 and 23 of the Vienna Convention of the Laws of Treaties, 1969, Nigeria cannot at this stage raise any objection or “reservation(s)” to any clause or Article contained inside the Legislative text of the said SAMOA AGREEMENT.
The reason is because under international law that governs international treaties and agreements, after a country such as Nigeria has ratified any international treaty or agreement, such a country is bound to implement the provisions of such international treaty or agreement. This position of the law is buttressed by the judgment of the Supreme Court of Nigeria in the case of Abacha vs. Gani Fawehinmi (2000).
Under international law, there is a provision for any country to enter “Reservations” prior to ratification of any international treaty or agreement. In simple terms, reservation is the technical term whereby a country such as Nigeria informs the United Nations, the European Union or any other international organisation with whom it is signing any treaty or agreement that the said country does not agree and would not allow the implementation of certain Articles or Sections of any international treaty or agreement.
From the foregoing, the Resolution of the House of Representatives of the Nigerian National Assembly which was enacted yesterday, 9th July 2024, ought to have been entered as a Reservation to the Samoa Agreement at the point when officials of Nigeria were ratifying the said SAMOA AGREEMENT as at July 2023.
The opportunity to enter Reservations is before ratification, after ratification by Nigeria, there is no longer any opportunity to renege on any portion of the said SAMOA AGREEMENT.
For the avoidance of any doubts, let me reproduce Article 6 (1)(2) and (3) of the SAMOA AGREEMENT which states as follows:
“This Agreement consists of the General Part (Parts I to VI), three Regional Protocols (“the Regional Protocols”) and Annexes. The General Part and the Annexes shall be legally binding on the Parties. The Regional Protocols shall be legally binding on the EU Party and on the African, the Caribbean and the Pacific OACPS Members, respectively. Nothing in the Regional Protocols and their interpretation and implementation can affect or deviate from the provisions under the General Part and the decisions of the OACPS-EU Council of Ministers.
The long-term solution is for the National Assembly to amend the Treaty-Making (Procedure etc.) Act, 1993 to allow for inputs by the National Assembly before ratification by officials of the Executive Arm of Government to any treaty or agreement of national importance.
This is a practice of the Parliament of the United Kingdom, before any Minister ratifies any international treaty or agreement that imposes financial obligations upon the United Kingdom, such a Treaty or Agreement is subjected to debate by the Parliament of the United Kingdom.
By the way, the Long Title of the said SAMOA AGREEMENT is “Partnership Agreement between the European Union and its Member States, of the one part, and the Members of the Organisation of the African, Caribbean and Pacific States, of the other part,19 July 2023”.
