The demand for a referendum on a separate state of Biafra is a
constitutional impossibility. The Senior Special Assistant to
President Muhammadu Buhari on Prosecution, Chief Okoi Obono-Obla
disclosed this in reaction to the call for a referendum by the
Indigenous Peoples of Biafra(IPOB). In this interview with WILLY
EYA, he described such calls as a waste of time and also stated
that even restructuring would not solve the myriad of problems
confronting the nation.
There is so much tension in the land today with the Indigenous
People of Biafra (IPOB) asking for a referendum to seek a separate
nation for Ndigbo, what is the position of the law on such a
dream?
The demand for a referendum with regards to Biafra is a
constitutional impossibility. It is a legal and political
impossibility. There is no provision in the constitution of the
country or any other law that provides for a part of the country to
break away. It is a nonsensical demand. Biafra ended on the January
15, 1970. I think the agitators are just expressing their rights to
freedom of expression.
But many think that even though it is not in our
constitution, the issue of referendum has become an international
legal instrument for self-determination groups to realise their
dream?
The international law does not take precedence over the Nigerian
constitution. If you want to ratify any treaty or international
convention, the National Assembly has to approve it. You cannot
begin to use the international law to deal with municipal, local
and national issues. Let them stop wasting their time. There is
nothing like that. The agitators are just wasting their time and
that is why I am saying that they are just expressing their right
to the freedom of expression.
In granting bail to the leader of the Indigenous People
of Biafra(IPOB), Nnamdi Kanu, the federal High Court in Abuja gave
him conditions but many think he has breached several of the
conditions. Do you think that is enough to deny him bail in his
next appearance in court?
If conditions were given to him and he breached those
conditions, then it is left for the counsel to the Federal
Government to bring that to the notice of the Federal Government.
If the conditions were breached, the court can say those conditions
were breached. If you have breached them, the law would take its
course. Nobody is above the law. If he has breached the law, then
the law would deal with him.
But the argument in many quarters is that in the case of
the Arewa youths who recently gave the Igbo a quit notice, none has
been arrested even when their offence is similar to that of the
IPOB leader. What is your take on that?
Which of the offences is worse? Is it the one that wants a
separate state for itself and breaking away from the country or the
one that gave the quit notice and says some people should leave a
part of the country?
The first one is worse but the argument is that both of
them have violated the law of the country. Don’t you
agree?
The Niger Delta militants were threatening that some nationals
should leave the Niger Delta even before the general election of
2015. My advice is that all these people should allow peace to
reign in Nigeria. Let them look at Iraq, Syria and others; war is
not good. It is just like throwing a stone into the market; you
would never know who the stone could hit; it could hit your son,
daughter, nephew or niece. Let them allow peace to reign in
Nigeria. Nigeria is not the biggest country in the world. China has
more than 1000 ethnic groups and China has made progress. It is the
same with Indonesia, America and even the European union, everybody
is trying to come together, why is it that in Africa and Nigeria,
we are asking that our nationals should be divided. I think
everybody should mind his language. The IPOB has been passing out a
lot of threats and even trying to drag a part of the country who do
not support their advocacy into Biafra like people of the South
South. They say that the South South is part of Biafra which is not
true. They say that the Igala people are part of them. They say
that the Idoma people are part of them and it is not so. Why are
they trying to rock the national boat; they should allow peace to
reign. What the Arewa youths did is wrong but it is a consequence
of what the IPOB has been doing. They were threatening people and
trying to cause a civil war in the country.
What do you think is the cause of these sudden rise in
tension and calls for disintegration in the country?
Some people are not happy that President Muhammadu Buhari won
the 2015 presidential election. Some people are not happy that
their access to making big money has been blocked. They are those
who want to destabilise the country. Period! When Jonathan was in
power, all the major positions were taken by the South East. Then,
they were not talking and they were not asking for Biafra. Why did
they have to wait until Buhari came to power before the agitation.
It is the Peoples Democratic Party(PDP) who are sponsoring these
people.
But in your honest view, do you think the government is
doing enough in the area of national unity and
integration?
The government has done enough. We have the National Youth
Service Corps(NYSC) and we have the Unity Schools. And in fact, the
South East has been well integrated. They have been president of
this country, Senate President of Nigeria, Speaker of the House of
Representatives, Head of the Army, Police and so on. So, what do
they want? They are everywhere. About 90 per cent of houses in
Abuja are owned by them. In Kano, Lagos and everywhere, they are
there. Let them not give the impression that they are very selfish
people. Let them work with other people. They need Nigeria which is
a big market and they are traders. They need the West African sub
region. They need to work hard to preserve the corporate integrity
of this country.
One burning issue in Nigeria today is restructuring.
Except a few major power brokers, almost all major stakeholders in
Nigeria are in support of restructuring the country, what is your
own view?
Restructuring is the manifesto of the All Progressives
Congress(APC). It is not a new thing. It is there. We envisioned it
before but you have to look at the cost effect. The APC is just
trying first to put the country together and thereafter, we would
begin to look at restructuring.
The current administration headed by Muhammadu Buhari
has spent two years in office, what is your assessment of the
journey so far?
The government has done very well considering where we were
coming from. Where were we coming from? It was a country that was
on the brink. It was a country where Boko Haram had taken over two
states; it was a country where the government could not pay
salaries; it was a country where corruption was rife and so on. So,
we have done very well taking into account where we were coming
from and we would do more.
Despite your positive assessment of the administration,
many think otherwise because Nigerians cannot find food on their
tables?
When the PDP was in power for 16 years, was there food on the
people’s table. The party made over N500 trillion from the sale of
crude oil but they squandered all the money. We are working.
Venezuela that was richer than Nigeria, in the country today,
people are eating from the dustbin. But those who are crying in
Nigeria that there is hunger are those who were used to free money.
During the time of the PDP, there was money everywhere. People
would go to the Central Bank of Nigeria(CBN) to collect foreign
exchange and share. So, those who are saying there is hunger are
those who were used to free money. I see a lot of food in Nigeria.
If you go to the rural area, you see that there is food and that
this government has diversified the economy into agriculture and
farmers are making money.
One of the areas the government prides itself to have
done well is in security but the herdsmen are the new face of
terrorism. Are you not worried over the development as many believe
that this government has recorded more deaths than any before
it?
The issue of herdsmen has always been there. It was there during
former President Jonathan’s time, during Yar’Adua’s time, and even
during former President Obasanjo’s time. It is not a new issue. It
is as old as Nigeria and it is something that Nigerians should join
hands to address. Nobody should stigmatise Fulani herdsmen because
they are Nigerians.
Many Nigerians are calling for the implementation of the
2015 National confab. Recently, the Senate joined the bandwagon and
went further to call for the report. Do you think that it is time
to implement the report?
It is not everybody that is in support of its implementation. If
the Senate wants to look at a document, what is wrong with that?
That does not mean that everybody supports the National confab. The
convocation was not democratic and it is not a true reflection of
the wishes of Nigerians. If the Senate calls for the confab report,
so what? The call for the report does not mean that the National
Assembly wants to adopt the report. It is the National Assembly
that is empowered to change the constitution and not the National
confab. The National confab can look at the Confab report as any
other document or book but that does not translate to the report of
the confab being adopted. If the confab report is adopted, it would
still be the National Assembly that has the power to amend the
constitution. People should stop being unnecessarily excited about
the confab report. And in any case, the report cannot be the
solution to the problems of Nigeria. The problem of Nigeria is our
elite. If the elite become patriotic, hardworking and visionary,
the problem of Nigeria would be solved. It is not even
restructuring that would solve the problem of the country.
Do you have any fears about Nigeria?
Not at all, Nigeria has come to stay. I have no fears at all.
Nigeria has come to stay.
What are the chances of the APC ahead of the next
general elections?
Nigerians still love the APC. Why not for a party that has done
very well? The APC has brought good governance and Nigerians would
still vote for the party in 2019. It has brought good governance,
responsibility, accountability and transparency in governance.
But are you not worried over the crisis in your party,
the APC?
It is democratic. Crises are part of democracy. You agree to
disagree.
On the road to 2019, what are your
projections?
When we get to the bridge, we cross it.
The demand for a referendum on a separate state of Biafra is a
constitutional impossibility. The Senior Special Assistant to
President Muhammadu Buhari on Prosecution, Chief Okoi Obono-Obla
disclosed this in reaction to the call for a referendum by the
Indigenous Peoples of Biafra(IPOB). In this interview with WILLY
EYA, he described such calls as a waste of time and also stated
that even restructuring would not solve the myriad of problems
confronting the nation.
There is so much tension in the land today with the Indigenous
People of Biafra (IPOB) asking for a referendum to seek a separate
nation for Ndigbo, what is the position of the law on such a
dream?
The demand for a referendum with regards to Biafra is a
constitutional impossibility. It is a legal and political
impossibility. There is no provision in the constitution of the
country or any other law that provides for a part of the country to
break away. It is a nonsensical demand. Biafra ended on the January
15, 1970. I think the agitators are just expressing their rights to
freedom of expression.
But many think that even though it is not in our
constitution, the issue of referendum has become an international
legal instrument for self-determination groups to realise their
dream?
The international law does not take precedence over the Nigerian
constitution. If you want to ratify any treaty or international
convention, the National Assembly has to approve it. You cannot
begin to use the international law to deal with municipal, local
and national issues. Let them stop wasting their time. There is
nothing like that. The agitators are just wasting their time and
that is why I am saying that they are just expressing their right
to the freedom of expression.
In granting bail to the leader of the Indigenous People
of Biafra(IPOB), Nnamdi Kanu, the federal High Court in Abuja gave
him conditions but many think he has breached several of the
conditions. Do you think that is enough to deny him bail in his
next appearance in court?
If conditions were given to him and he breached those
conditions, then it is left for the counsel to the Federal
Government to bring that to the notice of the Federal Government.
If the conditions were breached, the court can say those conditions
were breached. If you have breached them, the law would take its
course. Nobody is above the law. If he has breached the law, then
the law would deal with him.
But the argument in many quarters is that in the case of
the Arewa youths who recently gave the Igbo a quit notice, none has
been arrested even when their offence is similar to that of the
IPOB leader. What is your take on that?
Which of the offences is worse? Is it the one that wants a
separate state for itself and breaking away from the country or the
one that gave the quit notice and says some people should leave a
part of the country?
The first one is worse but the argument is that both of
them have violated the law of the country. Don’t you
agree?
The Niger Delta militants were threatening that some nationals
should leave the Niger Delta even before the general election of
2015. My advice is that all these people should allow peace to
reign in Nigeria. Let them look at Iraq, Syria and others; war is
not good. It is just like throwing a stone into the market; you
would never know who the stone could hit; it could hit your son,
daughter, nephew or niece. Let them allow peace to reign in
Nigeria. Nigeria is not the biggest country in the world. China has
more than 1000 ethnic groups and China has made progress. It is the
same with Indonesia, America and even the European union, everybody
is trying to come together, why is it that in Africa and Nigeria,
we are asking that our nationals should be divided. I think
everybody should mind his language. The IPOB has been passing out a
lot of threats and even trying to drag a part of the country who do
not support their advocacy into Biafra like people of the South
South. They say that the South South is part of Biafra which is not
true. They say that the Igala people are part of them. They say
that the Idoma people are part of them and it is not so. Why are
they trying to rock the national boat; they should allow peace to
reign. What the Arewa youths did is wrong but it is a consequence
of what the IPOB has been doing. They were threatening people and
trying to cause a civil war in the country.
What do you think is the cause of these sudden rise in
tension and calls for disintegration in the country?
Some people are not happy that President Muhammadu Buhari won
the 2015 presidential election. Some people are not happy that
their access to making big money has been blocked. They are those
who want to destabilise the country. Period! When Jonathan was in
power, all the major positions were taken by the South East. Then,
they were not talking and they were not asking for Biafra. Why did
they have to wait until Buhari came to power before the agitation.
It is the Peoples Democratic Party(PDP) who are sponsoring these
people.
But in your honest view, do you think the government is
doing enough in the area of national unity and
integration?
The government has done enough. We have the National Youth
Service Corps(NYSC) and we have the Unity Schools. And in fact, the
South East has been well integrated. They have been president of
this country, Senate President of Nigeria, Speaker of the House of
Representatives, Head of the Army, Police and so on. So, what do
they want? They are everywhere. About 90 per cent of houses in
Abuja are owned by them. In Kano, Lagos and everywhere, they are
there. Let them not give the impression that they are very selfish
people. Let them work with other people. They need Nigeria which is
a big market and they are traders. They need the West African sub
region. They need to work hard to preserve the corporate integrity
of this country.
One burning issue in Nigeria today is restructuring.
Except a few major power brokers, almost all major stakeholders in
Nigeria are in support of restructuring the country, what is your
own view?
Restructuring is the manifesto of the All Progressives
Congress(APC). It is not a new thing. It is there. We envisioned it
before but you have to look at the cost effect. The APC is just
trying first to put the country together and thereafter, we would
begin to look at restructuring.
The current administration headed by Muhammadu Buhari
has spent two years in office, what is your assessment of the
journey so far?
The government has done very well considering where we were
coming from. Where were we coming from? It was a country that was
on the brink. It was a country where Boko Haram had taken over two
states; it was a country where the government could not pay
salaries; it was a country where corruption was rife and so on. So,
we have done very well taking into account where we were coming
from and we would do more.
Despite your positive assessment of the administration,
many think otherwise because Nigerians cannot find food on their
tables?
When the PDP was in power for 16 years, was there food on the
people’s table. The party made over N500 trillion from the sale of
crude oil but they squandered all the money. We are working.
Venezuela that was richer than Nigeria, in the country today,
people are eating from the dustbin. But those who are crying in
Nigeria that there is hunger are those who were used to free money.
During the time of the PDP, there was money everywhere. People
would go to the Central Bank of Nigeria(CBN) to collect foreign
exchange and share. So, those who are saying there is hunger are
those who were used to free money. I see a lot of food in Nigeria.
If you go to the rural area, you see that there is food and that
this government has diversified the economy into agriculture and
farmers are making money.
One of the areas the government prides itself to have
done well is in security but the herdsmen are the new face of
terrorism. Are you not worried over the development as many believe
that this government has recorded more deaths than any before
it?
The issue of herdsmen has always been there. It was there during
former President Jonathan’s time, during Yar’Adua’s time, and even
during former President Obasanjo’s time. It is not a new issue. It
is as old as Nigeria and it is something that Nigerians should join
hands to address. Nobody should stigmatise Fulani herdsmen because
they are Nigerians.
Many Nigerians are calling for the implementation of the
2015 National confab. Recently, the Senate joined the bandwagon and
went further to call for the report. Do you think that it is time
to implement the report?
It is not everybody that is in support of its implementation. If
the Senate wants to look at a document, what is wrong with that?
That does not mean that everybody supports the National confab. The
convocation was not democratic and it is not a true reflection of
the wishes of Nigerians. If the Senate calls for the confab report,
so what? The call for the report does not mean that the National
Assembly wants to adopt the report. It is the National Assembly
that is empowered to change the constitution and not the National
confab. The National confab can look at the Confab report as any
other document or book but that does not translate to the report of
the confab being adopted. If the confab report is adopted, it would
still be the National Assembly that has the power to amend the
constitution. People should stop being unnecessarily excited about
the confab report. And in any case, the report cannot be the
solution to the problems of Nigeria. The problem of Nigeria is our
elite. If the elite become patriotic, hardworking and visionary,
the problem of Nigeria would be solved. It is not even
restructuring that would solve the problem of the country.
Do you have any fears about Nigeria?
Not at all, Nigeria has come to stay. I have no fears at all.
Nigeria has come to stay.
What are the chances of the APC ahead of the next
general elections?
Nigerians still love the APC. Why not for a party that has done
very well? The APC has brought good governance and Nigerians would
still vote for the party in 2019. It has brought good governance,
responsibility, accountability and transparency in governance.
But are you not worried over the crisis in your party,
the APC?
It is democratic. Crises are part of democracy. You agree to
disagree.
On the road to 2019, what are your
projections?
When we get to the bridge, we cross it.
Read more https://nairalaw.com/biafran-referendum-not-possible-okoi-obla/