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Navigating the Tension
Between Sovereignty and
Self-Determination in
Postcolonial Africa
Blueprints for the Midcentury
Philip C. Aka
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Navigating the Tension Between Sovereignty
and Self-Determination in Postcolonial Africa
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Philip C. Aka
Navigating
the Tension Between
Sovereignty and SelfDetermination
in Postcolonial Africa
Blueprints for the Midcentury
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For my family. For victims in the ghastly conflicts for self-determination in
postcolonial Africa, including the 3.5 million Igbo who perished in
Nigeria’s war over Biafra from 1967–1970.
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Table of National and International
Laws Pertaining to this Book
African Commission for Human and Peoples’ Rights. Katangese Peoples’ Congress
v. Zaire. Comm. No. 75/92, Eighth Annual Activity Report of the African
Commission on Human and Peoples’ Rights (1994–1995). ACHPR/RPT/
8th, Annex VI. 1995.
Attorney-General of the Federation vs. Attorney-General of Abia State. 4 NILR
5, 2002. CMI256.
Constitution of the Republic of Cameroon, 1996. Adopted January 18. Amendment to the Constitution of June 2, 1972. International Labor Organization.
Constitution of the Republic of Cameroon, 1985. Adopted May 20, 1972.
Promulgated June 2, 1972. Association of Secretaries General of Parliaments.
Constitution of the United Republic of Cameroon, 1972.
Constitution of the Federal Republic of Cameroon, 1961.
Constitution of the Federal Democratic Republic of Ethiopia, 1995.
Constitution of the People’s Democratic Republic of Ethiopia, 1987. Proclamation No. 1 of 1987. Negarit Gazetta, 47(1). September 12, 1987.
Constitution of Ethiopia, 1955.
Constitution of the Federal Republic of Nigeria, 1999.
Constitution of the Federal Republic of Nigeria, 1979.
Constitution of the Federal Republic of Nigeria, 1963.
Constitution of the Federation of Nigeria, 1960.
Corfu Channel (U.K. v. Alb.). Judgment, I.C.J. Rep. 4. April 9, 1945.
Ethiopian Constitution of 1931. London: The Government of Ethiopia, 1969.
I.C.J. Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo. Advisory Opinion. I.C.J. 403. July 22,
2010.
I.C.J. 2002. Land and Maritime Boundary between Cameroon and
xi
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xii
TABLE OF NATIONAL AND INTERNATIONAL LAWS …
Nigeria (Cameroon v. Nigeria: Equatorial Guinea Intervening). October 10,
2002.
I.C.J. The Frontier Dispute Case (Burkina Faso v. Mali). I.C.J. 544. December
22, 1986.
Organization of African Unity (OAU). African Charter on Human and Peoples’
Rights (Banjul Charter). CAB/LEG/67/3 rev. 5, 21 I.L.M. 58. June 27,
1981.
Organization of African Unity [OAU], Border Disputes Among African States.
AHG/Res 16(I). July 17–21, 1964.
Nigeria (Constitution) Order in Council, 1954. Statutory Instrument 1954. No.
1146. August 30, 1954.
Organization of African Unity (OAU). Charter of the Organization of African
Unity. May 25, 1963.
Organization of African Unity (OAU). Constitutive Act of the African Union.
July 1, 2000.
Roe v. Wade, 410 U.S. 113 (1973).
Texas v. White, 74 U.S. 700 (1869).
UN General Assembly. International Covenant on Civil and Political Rights. UN
Treaty Series 999. December 16, 1966.
UN General Assembly. International Covenant on Economic, Social and Cultural
Rights. UN Treaty Series 993. December 16, 1966.
UN General Assembly. United Nations Declaration on the Rights of Indigenous
Peoples. Resolution No. A/RES/61/295. October 2, 2007.
UN General Assembly. Universal Declaration of Human Rights. 217 A (III).
December 10, 1948.
UN General Assembly. Declaration on the Granting of Independence to Colonial
Countries and Peoples. G.A.O.R., 15th Sess., Supp. No. 16, U.N. Doc. A/
4684. December 14, 1960.
United Nations. Charter of the United Nations and Statute of the International
Court of Justice (1945).
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Map of Africa with the Three
Countries Featured in the Book
Europe
Tunisia
MEDITERRANEAN SEA
Morocco
Asia
Algeria
Libya
te
es
W
rn
h
Sa
Egypt
ara
Mauritania
Niger
Mali
Eri
trea
Chad
Cape Verde
Senegal
Sudan
Gambia
Burkina Faso
Guinea-Bissau
Djibouti
Guinea
Central African Republic
GULF OF GUINEA
N
Cameroon
eri
a
Somalia
Ethiopia
Equatorial Guinea
EA
Benin
Nigeria
Uganda
Kenya
zz
Sao Tome and Principe
OC
Lib
Ghana
av
ille
Cote d`Ivoire
Togo
Sierra Leone
go
-B
ra
Gabon
AN
Burundi
DI
Con
Rwanda
Democratic Republic of Congo
IN
Tanzania
Comoros
i
Malaw
Angola
Zambia
Mozambique
Zimbabwe
Madagascar
Botswana
Namibia
Swaziland
0
750
1,500
3,000 KM
South Africa
so
Le
GU
Department of Geography and Resource Development
University of Ghana
LF
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Legend
Project Country
Antarctica
Other African Country
Fig. 1 This map is reproduced with grateful permission from the Department
of Geography and Resource Development at the University of Ghana at Legon
xiii
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Contents
Part I Starting Points
1
Argument
Introduction
Rifeness of Self-Determination Conflicts in Postcolonial Africa
Significances of the Book
Troublesome Tension
Statecraft in Africa and Contradictory Messages
from Global Institutions
Debate Against Absolutizing Sovereignty
Juxtaposing the Three Countries on a Set of Key Indicators
Caveat: Identification of the Tension Between Sovereignty
and Self-Determination Does Not by Itself Exhaust
the Merit of This Book
The Kanu Saga from Nigeria as a Textbook Example
of the Problem This Book Addresses
Extraordinary Rendition of Nnamdi Kanu from Kenya
to Nigeria in 2021
Opinion of the UN Working Group Related to Kanu
Latest Denouement Related to the Kanu Trial
Takeaways from the Kanu Saga
Intersection of International Law, Constitutional Law,
and Conflict Resolution from the Prism of the Three Case
Studies
3
3
5
8
8
10
13
16
23
26
27
28
30
32
32
xv
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xvi
CONTENTS
Need for More Constitutional Law in Discussions
Relating to Sovereignty and Self-Determination
Importance of Constitutional Law as a Conflict
Resolution Mechanism
The Three Case Studies
Organization of This Book
Appendix A to Chapter 1: Loci of Separatist Movements
in Africa
Appendix B to Chapter 1: New States Admitted to UN
Membership Since the Fall of the Berlin Wall in 1989
2
Conceptual Framework
Introduction
Indicators of the Tension Between Sovereignty
and Self-Determination: Survey of Six Global and Regional
Instruments
Foundational Role of the Universal Declaration
of Human Rights Relating to the Six Instruments
UN Charter
The ICCPR and ICESCR
The UNDRIP
OAU Charter
The CAAU
Norm of Sovereignty
Defining Sovereignty
Rise of the Sovereign State
Circumscription of the Sovereign State
The Right to Self-Determination
Relationship Between Sovereignty and Self-Determination
Conclusion
Appendix to Chapter 2: Fundamental Freedoms Embedded
in the Universal Declaration of Human Rights
33
34
35
38
44
47
51
51
53
56
57
58
60
63
67
69
69
71
76
78
83
88
90
Part II Constitutional Law and the Right to
Self-Determination in Postcolonial Africa: Three
Case Studies
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CONTENTS
3
Sovereignty and Self-Determination
in a Constitutionalized Setting: Ethiopia
in Comparative Perspective
Introduction
Ethiopia, Land of the Blue Nile: Basic Facts Related
to the Country
Etymology of Ethiopia
Geopolitical Features and Demographic Profile
Mainstay of Ethiopia’s Economy
Social Revolution and Popular Upheaval in Ethiopia
After Selassie
Justifying the Portraiture of Ethiopia as Land of the Blue
Nile
Ethiopian Constitutionalism from 1931 to 1995
Pre-1931
The 1931 Constitution
The 1955 Constitution
The 1987 Constitution
The 1995 Constitution
Article 39 of Ethiopia’s 1995 Constitution
Multiple Accomplishments of Article 39
Two Unavailing Criticisms of Article 39
The Politics of Constitutional Engineering in Ethiopia
Self-Determination Struggles in Ethiopia Before 1995: Eritrea
Basic Facts on Eritrea
Three Key Events in Eritrea’s Self-Determination
Campaign
Collapse of the Federation Experiment Between Ethiopia
and Eritrea
The Eritrean War of Independence
The Referendum on Eritrean Independence
Gauging the Status of the Right to Self-Determination
in Ethiopia Since 1995: Critique of the Theory of Ethnic
Federalism
The Civil War in Ethiopia from November 2020
to November 2022
The Trouble With the Theory of Ethnic Federalism
Conclusion
xvii
97
97
98
98
101
105
108
113
115
115
117
119
122
126
130
130
133
135
138
139
142
144
146
152
155
155
164
169
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xviii
CONTENTS
Key dates in Ethiopian constitutional and self-determination
histories
4
Sovereignty and Self-Determination
in a Non-constitutionalized Setting: Nigeria
in Comparative Perspective
Introduction
Basic Facts Related to Nigeria, “Giant of Africa”
Etymology: From “Amalgamation” to British Crown Colony
Navigating Native Resistance Through a Semblance
of Constitutional Reforms
Independence, Republicanism, and the Experience
of Federalism Since Independence
Demographic Features and Profile
Mainstay of Nigeria’s Economy
Justifying the Giant of Africa Moniker
Nigerian Constitutionalism from 1960 to 1999
The 1960 Constitution
The 1963 Constitution
The 1979 Constitution
The 1999 Constitution
The Politics of Constitutional Engineering in Nigeria
Biafra 1: 1967–1970
Causes and Courses of the War
A “Cruel War”
Two Silver Linings from the Biafra War
Immediate Aftermaths of Nigeria’s War Over Biafra
Biafra 2: The Period Since 1999 under the Fourth Republic
Igbo Self-Determination Initiatives under MASSOB
from 1999 until 2011
Igbo Self-Determination Initiatives under IPOB Since 2012
Matters Arising: Two Lingering Questions Begging
for Answers
The Coterminous-ness of Igbo as an Ethnic Group
and Biafra
Why Nigeria Did Not Precede Ethiopia
in Constitutionalizing the Right to Self-Determination
Conclusion
171
173
173
175
175
178
180
186
190
196
199
199
201
203
206
208
211
213
219
222
227
231
236
237
240
240
245
250
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CONTENTS
Appendix A to Chapter 4: Key Dates in Nigerian
Constitutional and Self-Determination Histories
Appendix B to Chapter 4: Text of “The Kaduna Declaration”
Preamble
Observations
Our Stand
Prelude to Final Separation
Conclusion
5
Sovereignty and Self-Determination
in a Non-Constitutionalized Setting: Cameroon
in Comparative Perspective
Introduction
Cameroon, “Africa in Miniature”: Basic Facts Related
to the Country
Etymology of Cameroon
Geopolitical Feature and Demographic Profile
Cameroon’s Political History from Precolonial Through
Colonial to the Period Since Independence and After
Mainstay of Cameroon’s Economy
Portraiture of Cameroon as “Africa in Miniature”
in Analytical Perspective
Cameroonian Constitutionalism from 1960 to 2008: A Tale
of Three High(er) Laws
The Constitution of 1961
The 1972 Constitution
The 1996 Constitution
The Politics of Constitutional Engineering in Cameroon
The South Cameroon Problem: Demands for Restoration
of Federalism
Negating the Proposition that Abolishing Federalism
Affirmed the Political Maturity of Cameroonians:
Multiple Voices
Individuals
Separatist Organizations
Political Parties
All-Anglophone Conferences
A Disconcerting New Phase in Cameroon’s “Anglophone
Problem”
xix
253
255
256
256
258
258
260
261
261
262
262
264
268
274
276
278
281
284
289
294
297
297
299
301
301
302
304
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xx
CONTENTS
Government Crackdown on Peaceful Demonstrations
The South Cameroon Problem: Crossover into Demand
for Separate State
Declaration of Independence by Southern Cameroonians
as Federal Republic of Ambazonia
The Cameroonian National Government’s Response
to the Declaration
Conclusion: Now What?
Appendix: Key Dates in Cameroonian Constitutional
and Self-Determination Histories
307
309
309
312
318
321
Part III Navigating the Tension Between Sovereignty
and Self Determination in Postcolonial Africa
6
7
Object Lessons from the Case Studies
Introduction
Recapitulation of Case Study Materials from Chapters 3 to 5
Collage of Six Object Lessons from the Case Studies
The Privilege of Sovereignty Over Self-Determination
to the Point of Reification
Failure of Power Devolution Indicative of a Love
of Concentrated Powers
Failure of Social Justice
Bad Structure
The Need to Go Beyond Constitutionalization
of Self-Determination
The Counterproductivity of Cracking Down on the Free
Exercise of Self-Determination
Conclusion
325
325
327
329
Blueprints for the Midcentury
Introduction
Tale of Three Parties
Central Governments
Agitators for Self-Determination
International Community
Collage of Fourteen Blueprints
For Central Governments
Blueprint No. 1: Respect the International Law Doctrine
of Self-Determination
353
353
355
356
356
356
360
364
331
334
340
343
346
347
350
364
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CONTENTS
Blueprint No. 2: Don’t Use Force Against the Legitimate
Exercise of the Right to Self-Determination
Blueprint No. 3: Address the Legitimate Concerns
of Agitators for Self-Determination
Blueprint No. 4: Respond Appropriately to Agitations
for Self-Determination
Blueprint No. 5: Take Power Devolution Seriously
Blueprint No. 6: Take Social Justice Seriously
Blueprint No. 7: Put More Quality in Civil-Democratic
Rule
Self-Determination Agitators
Blueprint No. 8: Conduct Your Campaign with Maturity
and Responsibility
Blueprint No. 9: Commit Yourselves to the Pursuit
of a Qualitatively Different State and Society
Blueprint No. 10: Practice Internal Democracy
and Accountability
Blueprint No. 11: Don’t Expect Quick Results
Blueprint No. 12: Be Realistic
The International Community
Blueprint No. 13: Place the Right to Self-Determination
on the Same or Near Footing as Sovereignty
Blueprint No. 14: Don’t Intervene
For the Midcentury
Changing Demography in Africa
Ameliorating the Tension in the Interest of International
Peace and Security
Conclusion
8
Conclusions and Prospects for the Future
Navigating the Tension Between Sovereignty
and Self-Determination in Postcolonial Africa
Factors Which Lent Urgency and Exigency to the Proposals
in This Book
Achievements of the Book
Prospects for the Future
Analysis of Three Voices on the Recognition of the Right
to Self-Determination as a Matter of International Law
xxi
365
366
367
368
369
370
372
372
374
375
376
377
379
379
380
383
383
384
386
391
391
393
394
399
399
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xxii
CONTENTS
Timothy W. Waters
Stephen Tierney
Dapo Akande
Final Word
400
402
403
404
References
407
Index
473
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Abbreviations
ACHPR
ACS
ADP
AU
CAAU
CACSC
CNU
CPDM
DRC
ECA
ECCAS
ECOWAS
ELF
ELM
ENDF
EPLF
EPRDF
FDRE
IBRD
ICCPR
ICESCR
ICJ
IMF
IPOB
African Charter on Human and Peoples Rights (Banjul Charter)
American Colonization Society
Amhara Democratic Party
African Union (formerly Organization of African Unity, OAU)
Constitutive Act of the African Union
Cameroon Anglophone Civil Society Consortium
Cameroon National Union (Union Nationale Camerounaise,
UNC, in French).
Cameroon People’s Democratic Movement.
Democratic Republic of the Congo (formerly Zaire)
United Nations Economic Commission for Africa
Economic Community of Central African States
Economic Community of West African States
Eritrean Liberation Front
Eritrean Liberation Movement
Ethiopian National Defense Force
Eritrean People’s Liberation Front
Ethiopian People’s Revolutionary Democratic Front
Federal Democratic Republic of Ethiopia
International Bank for Reconstruction and Development (World
Bank)
International Covenant on Civil and Political Rights
International Covenant on Economic, Social, and Cultural Rights
International Court of Justice (World Court)
International Monetary Fund
Indigenous People of Biafra
xxiii
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xxiv
ABBREVIATIONS
MASSOB
NRS
OAU
OIC
OLF
OPDP
PDRE
PMAC
PP
SCACUF
SCNC
SDF
SEPDM
SSS
TGE
TPLF
UK
UN
UNDESA
UNDR
UNDRIP
UNOVER
UNPO
UPC
US(A)
WCIP
WPE
Movement for the Actualization of the Sovereign State of Biafra
National regional state(s)
Organization of African Unity (now African Union, AU)
Organization of the Islamic Conference
Oromo Liberation Front (Shene)
Oromo People’s Democratic Party
People’s Democratic Republic of Ethiopia
Provisional Military Administrative Council
Prosperity Party (Ethiopia)
Southern Cameroons Ambazonia Consortium United Front
Southern Cameroons National Council
Social Democratic Front
Southern Ethiopian People’s Democratic Movement
State Security Service (Nigeria’s secret police)
Transitional Government of Ethiopia
Tigray People’s Liberation Front
United Kingdom or Britain (more formally the United Kingdom
of Great Britain and Northern Ireland).
United Nations
United Nations Department of Economic and Social Affairs
Universal Declaration of Human Rights
Unite Nations Declaration on the Rights of Indigenous Peoples
UN Observer Mission to Verify the Referendum in Eritrea
Unrepresented Nations and Peoples Organization
Union des Populations du Cameroun
United States of America
World Conference on Indigenous Peoples
Workers’ Party of Ethiopia
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List of Tables
Table 1.1
Table 2.1
Table 3.1
Table 3.2
Table 3.3
Table 4.1
Table 4.2
Table 4.3
Table 4.4
Table 5.1
Table 5.2
Table 6.1
Table 6.2
Table 7.1
Juxtaposition of the three countries on selected
indicators embedded in the intersection of sovereignty,
self-determination, constitutional law, and conflict
resolution
Six human rights instruments matched against Ethiopia,
Nigeria, and Cameroon
Major ethnic groups of Ethiopia
Ethiopia’s eleven national regional states (NRS)
List of Ethiopian leaders and the constitutions they are
associated with
Nigerian states and federal capital territory
Major ethnic groups of Nigeria
Parade of Nigerian leaders and the constitutions they are
associated with
Igbo states of Nigeria
Ten regions of Cameroon (in order of population)
Major ethnic groups of Cameroon
Recap in graphics of case study materials from Chapters 3
to 5
Recap of the object lessons
Recap of the blueprints for harmonizing sovereignty
and self-determination
17
54
103
104
136
184
188
209
241
267
267
327
330
361
xxv
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PART I
Starting Points
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CHAPTER 1
Argument
Introduction
The United Nations (UN) was founded after World War II, as a successor
to the League of Nations, to promote international peace and security,
including the use of “effective collective measures” for settling international disputes or situations that might lead to a breach of peace.1
Taking this pacific, nay pacifist, goal as a starting point,2 this book
formulates and presents small-steps-to-peace proposals, dressed up as
blueprints, for harmonizing two complementary doctrines of International Law, namely: the principle of sovereignty, and the group right to
self-determination. The blueprints are distilled from an exhaustive study
of five self-determination campaigns from three countries, each scene of
conflicts between claimants of sovereignty and self-determination, and
1 United Nations, Charter of the United Nations and Statute of the International Court
of Justice (1945) [hereinafter UN Charter], art. 1(1), https://treaties.un.org/doc/pub
lication/ctc/uncharter.pdf. To achieve this, the UN holds itself ready to take “effective
collective measures” to prevent and remove threats to peace, suppress breaches of the
peace like aggression, and settle international disputes or situations that might lead to a
breach of peace. Ibid.
2 See ibid., preamble (expressing the determination of “We the peoples of the United
Nations” “to save succeeding generations from the scourge of war, which twice in our
lifetime has brought untold sorrow to mankind”).
3
P. C. Aka, Navigating the Tension Between Sovereignty
and Self-Determination in Postcolonial Africa,
https://doi.org/10.1007/978-3-031-48131-4_1
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4
P. C. AKA
each clothed in material amply extensive and coherent to inform the
blueprint. Each case study is preceded by a sketch of basic facts related to
each country organized around a distinctive moniker, although, in each
instance, save for one country, more apparent than real. In due tribute
to the emerging role of Constitutional Law as a tool for moderating the
tension between the complementary doctrines, each of the case studies is
drenched in constitutional analysis unique to each country, including the
politics of constitutional engineering.
This chapter is both an entrance into the book and its argument.
Excluding this brief statement of introduction, the following discussion
comprises five sections and two attachments. The five sections are: rifeness of conflicts in postcolonial Africa, evident in numerous campaigns
for self-determination, that belie the contrarian claim of a “secessionist
deficit” in the region; significances of the book, including its delineation
of the troublesome tension between sovereignty and self-determination
in Africa, comment on statecraft in Africa and contradictory messages
from global institutions bearing on the tension, the debate against absolutizing sovereignty doctrine in Africa, and a caveat that identification
of the tension between sovereignty and self-determination does not by
itself exhaust the merit of this book; the Kanu saga from Nigeria as a
textbook example of the hydra-headed nature of the tension between
sovereignty and self-determination at the heart of this study, but also the
need for policy measures at the domestic and global levels embedded in
conflict resolution as a possible viable way out; a preliminary commentary on the intersection among International law, Constitutional law, and
conflict resolution, subsequently fleshed out by the case studies of struggles in self-determination in Ethiopia, Nigeria, and Cameroon, elaborated
in Chapters 3–5; and a word on the organization of the book. The two
attachments are Appendix A on the widespread loci of separatist movements in Africa and Appendix B on the roster of new states admitted into
the UN since the fall of the Berlin Wall in 1989, which marked the end
of the Cold War between the worlds of capitalism and socialism.
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1
ARGUMENT
5
Rifeness of Self-Determination
Conflicts in Postcolonial Africa
When two elephants tangle, the grass suffers.3 So, not that it justifies
it, during the Cold War from 1945 to 1991 between East and West,
exemplified by the world’s then two superpowers, the US and the Soviet
Union,4 Africa suffered. Coincidentally, many African countries gained
independence within this period.5 However, in the post-Cold War, Africa
continues to be a region rife with conflicts.6 “Ever since most of the
region became independent in the 1960s[,] there has been no point in
time that a major war is not going on somewhere in Africa. No single
country in the continent has collapsed entirely from violence [...] but then
3 John Simpson and Jennifer Speake, eds., The Oxford Dictionary of Proverbs, 5th Ed.
(New York and London: Oxford University Press, 2008).
4 Odd Arne Westad, The Cold War: A World History (New York: Basic Books, 2017);
Norman Friedman, The Fifty-Year War: Conflict and Strategy in the Cold War (Annapolis,
MD: Naval Institute Press, 2007); Joseph Smith, The Cold War, Second Edition, 1945–
1991 (Oxford, UK: Blackwell, 1998). See also Spencer C. Tucker, The Encyclopedia of the
Cold War, 5 Vols. (Santa Barbara, CA: ABC-CLIO, 2007) (an integrated history of the
geopolitical rivalry in five volumes); and Geir Lundestad, East, West, North, South: Major
Developments in International Relations Since 1945 (London, UK, and Thousand Oaks,
CA: Sage Publications, 2005).
5 See notes 64–65 below and accompanying texts. See also Piero Gleijeses, “Africa in
the Cold War,” Oxford Bibliographies (last modified October 27, 2021); Jay Dee, “The
Cold War in Independent Africa,” Writing Anthology, Central College, Pella, Iowa, USA
(July 2, 2019), https://central.edu/writing-anthology/2019/07/02/the-cold-war-in-ind
ependent-africa/; and US Department of State, Office of the Historian, “Decolonization
of Asia and Africa, 1945–1960,” https://history.state.gov/milestones/1945-1952/asiaand-africa.
6 See Philip C. Aka, “Human Rights as Conflict Resolution in Africa in the New
Century,” Tulsa Journal of Comparative and International Law, 11(1) (2003), 179–183.
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not one country has also totally escaped periods of militant or subversive strife.”7 Such is the poverty and elusiveness of political cohesion in
Africa.8
Many conflicts in the contemporary world are linked to struggles for
self-determination9 ; the bulk of these struggles occurs in postcolonial
Africa (see Appendix A at the end of this chapter). Based on the diagram,
23 out of the 55 countries in Africa,10 are scenes of separatist movements.
These states are Algeria, Angola, Cameroon, Central African Republic
(CAR), Comoros, Republic of the Congo (Congo Brazzaville), Democratic Republic of the Congo (Congo Kinshasa or former Zaire), Equatorial Guinea, Ethiopia, Ghana, Libya, and Mali. Others are Namibia,
Nigeria, Rwanda, Senegal, Somaliland, South Africa, Sudan, Uganda,
Western Sahara, Zambia, and Zimbabwe. Thirty-two states relatively free
from separatist activities are Benin, Botswana, Burkina Faso, Burundi,
Cabo Verde, Chad, Côte d’Ivoire, Djibouti, Egypt, Eritrea, Eswatini
(formerly Swaziland), Gabon, The Gambia, Guinea-Bissau, Kenya, and
Lesotho. Others are Liberia, Madagascar, Malawi, Mauritania, Mauritius, Morocco, Mozambique, Niger, Sao Tome and Principe, Senegal,
Seychelles, Sierra Leone, South Sudan, Tanzania, Togo, and Tunisia.
Because big states like Nigeria, Ethiopia, and the Democratic Republic
of the Congo are loci of insurgency, overall, in aggregate land area, more
countries have these separatist movements than lack them.
7 Philip C. Aka, “The Military, Globalization, and Human Rights in Africa,” New York
Law School Journal of Human Rights, 18(3) (2002), 361, 388. See also Kelechi A.
Kalu and George Klay Kieh, Jr., eds., Civil Wars in Africa (Lanham, MD: Lexington
Books, 2022) (blaming the outbreak of these intrastate conflicts on the fact that many
governments in postcolonial African states failed to build inclusive societies that cater
to the political and socioeconomic needs of the citizenry, among other deficiencies and
inadequacies).
8 The widespread-ness calls to mind the complaint in the Bible that the Prophet
Habakkuk lodged to God: “O Lord, how long shall I cry for help, and you will not
hear? Or cry to you ‘Violence!’ and you will not save? […] Destruction and violence are
before me; there is strife, and conflict abounds.” Holy Bible, New International Version,
Habakkuk 1:1–2.
9 Yonah Alexander and Robert A. Friedlander, “Introduction,” in Self-Determination:
National, Regional, and Global Dimensions, eds. Yonah Alexander and Robert A.
Friedlander (London and New York: Routledge, 2019 [1980]), xiv.
10 See African Union, “Member States,” https://au.int/en/member_states/countrypr
ofiles2 (broken down into 15 states in West Africa, 14 states in East Africa, 10 states in
Southern Africa, 9 states in Central Africa, and 7 states in North Africa).
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ARGUMENT
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Testament to the rifeness of conflict and violence in Africa is a crisis of
homelessness signified by refugeehood.11 About 30 million people, representing one-third of the world’s refugee population, including internally
displaced persons seeking asylum, are from Africa12 ; about 18 million of
these homeless persons come from sub-Saharan Africa alone.13 Africa is
also the world region where droves of youth flee from in search of the
greener pastures of better economic futures abroad that they cannot find
in their birth countries.14 This speaks volumes for a continent preeminently rich in natural resources, including arable land, water, oil and
natural gas, minerals, forests, and wildlife.15
There are studies on conflict resolution in Africa that point to a “secessionist deficit,” evident in a supposed agreement to “stick together.”16
However, the reality on the ground is a rifeness of conflicts in postcolonial Africa, many due to struggles for self-determination arrayed against
claims to sovereignty, anchored on territorial integrity, by a remote central
government in state after state. Upon closer examination, some aspects
of the secessionist deficit thesis lack plausibility. Take the proposition of
Englebert and Hummel to the effect that Africa has experienced relatively
11 See generally Toyin Falola and Olajumoke Yacob-Haliso, African Refugees (Bloomington, IN: Indiana University Press, 2023).
12 See UNHCR USA, “Africa,” https://www.unhcr.org/en-us/africa.html#:~:text=Aro
und%2030%20million%20internally%20displaced,of%20the%20world’s%20refugee%20popu
lation.
13 Aderanti Adepoju, “Migration Dynamics, Refugees[,] and Internally Displaced
Persons in Africa,” United Nations, https://www.un.org/en/academic-impact/migrat
ion-dynamics-refugees-and-internally-displaced-persons-africa#:~:text=According%20to%
20the%20United%20Nations,Nigeria%2C%20South%20Sudan%20and%20Burundi.
14 See UNICEF, Harrowing Journeys (New York: UNICEF, September 2017),
https://www.unicef.org/media/49046/file/Harrowing_Journeys_Children_and_youth_
on_the_move_across_the_Mediterranean-ENG.pdf.
15 See UN Environment Program, “Our Work in Africa,” https://www.unep.org/reg
ions/africa/our-work-africa#:~:text=The%20continent%20has%2040%20percent,internal%
20renewable%20fresh%20water%20source (elaborating that Africa is home to a huge
proportion of the world’s renewable and non-renewal natural resources, including 65
percent of arable lands, about 30 percent of mineral reserves, 8 percent of natural gas, 12
percent of oil reserves, 40 percent of gold, about 90 percent of chromium and platinum,
the largest reserves of cobalt, diamonds, platinum, and uranium, as well as 10 percent of
internal renewable fresh water source).
16 See Pierre Englebert and Rebecca Hummel, “Let’s Stick Together: Understanding Africa’s Secessionist Deficit,” African Affairs, 104(416) (July 2005), 399–427
(commenting on a “secessionist deficit” in postcolonial Africa).
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P. C. AKA
fewer secessionist conflicts than other world regions, even though it is
otherwise plagued with political violence and its countries tend to display
a higher prevalence of the factors usually associated with separatism.17
The statement is a contradictory proposition that ties into separatism,
rather than rules it out.18
Significances of the Book
Three significances of this book are its statement delineating the troublesome tension between sovereignty and self-determination in Africa that it
tackles, its comments on statecraft in Africa and contradictory messages
from especially global institutions bearing on the tension, and the contribution that it makes to the debate against absolutizing sovereignty in
Africa. Two other highpoints, on grounds of their importance, listed here
as significances, are a caveat to the effect that identifying the tension
between sovereignty and self-determination that the book makes does not
by itself exhaust the merit of the work, and a juxtaposition of the three
countries under examination in the study on a set of key indicators, many
of which are used as reference points in subsequent chapters of the book.
Troublesome Tension
This book tackles a troublesome issue at the intersection of sovereignty,
self-determination, International Law, Constitutional Law, and conflict
resolution in Africa. The issue revolves around the tension that exists in
postcolonial Africa between sovereignty, á la claim of territorial integrity
by a central government, on the one hand, and oppressed or marginalized
17 See ibid.
18 The postulation of a secessionist deficit in the face of the widespread insurgencies that postcolonial Africa confronts calls to mind the wisdom of the New York Times
commentator, David Leonhardt, building on the aphorism of the American astronomist
and planetary scientist, Carl Sagan (1934–1996), to the effect that “absence of evidence is
not evidence of absence.” David Leonhardt, “The Phone in the Room,” New York Times,
The Morning (February 27, 2023). According to Leonhardt, decision makers faced with
life-and-death situations must make real-life judgments that academic studies subsequently
unambiguously validate. For given the reality that some questions do not lend themselves
easily to elegant experiments, making decisions based on the totality of available evidence
is better than dependence on correlations of artificial experiments. Ibid.
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ARGUMENT
9
groups impacted by such claim who seek to exercise the right to selfdetermination on the other hand.19 The tension has skewed the balance
between the two complementary doctrines of International Law to the
point of enervation, evisceration, and near-negation of the right to selfdetermination. Thus, a challenge the international community faces today,
one no less pressing and momentous in International Relations as to “why
nations go to war,”20 is how to redress the perpetuated imbalance in
statecraft pertaining to the two complementary doctrines of International
Law in many countries in postcolonial Africa. Using three countries from
three key subregions of Africa, all scenes of active conflict, as window
into the world, this book outlines proposals embedded in conflict resolution for redressing the tension between the two doctrines. The three
countries mapped out for microscopic attention are Ethiopia from East
Africa, Nigeria from West Africa, and Cameroon, straddling West Africa
and Central Africa.21
Because it is the fountainhead for the securement and enjoyment of
individual or personal rights, the right to self-determination arguably
ranks as the mother of all human rights.22 Yet, in state after state in
19 Tension means a state of imbalance or latent disagreement between two phenomena.
See “Tension,” Merriam-Webster Dictionary. Indicators of this tension are elaborated in
Chapter 2 devoted to conceptual framework.
20 See John G. Stoessinger, Why Nations Go to War, 10th Ed. (Boston, MA: Cengage
Learning, 2007). See also Luc Reychler, “Challenges of Peace Research,” International
Journal of Peace Studies, 11(1) (Spring/Summer 2006), 1–16 (“Since the end of the
Second World War, many scholars have been engaged in the study of war and peace”).
The expression “international community” is elaborated in Chapter 7 which sets forth
proposals for ameliorating the tension between sovereignty and self-determination.
21 For a selection of works on the geopolitical importance of the three subregions, see,
for East Africa: Christian Jennings, “Eastern Africa: Regional Survey,” in Encyclopedia
of African History, ed. Kevin Shillington (Chicago, IL: Fitzroy Dearborn, 2005), 649–
659; and Sandra Fullerton Joireman, Institutional Change in the Horn of Africa (Irvine,
CA: Universal Publishers, 1997); West Africa: Eleanor Scerri, The Stone Age Archaeology of West Africa (New York: Oxford University Press, 2017); Emmanuel Kwaku
Akyeampong, Themes in West Africa’s History (Oxford, UK: James Currey Publishers,
2006); and Anthony G. Hopkins, An Economic History of West Africa (New York:
Columbia University Press, 1973); and Central Africa: Economic Community of Central
African States (ECCAS), https://web.archive.org/web/20071214034859/http://www.
africa-union.org/root/au/recs/eccas.htm.
22 See Philip C. Aka, “Human Rights as Conflict Resolution in Africa in the New
Century,” note 6, 205–206 (“[T]o promote human rights and reduce conflicts in Africa
in the new century, attention needs to be paid to both individual and group rights
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postcolonial Africa, the attempt to use this right is frustrated by insecure governments which invoke the mantra of territorial integrity, replete
with negative ramifications for the enjoyment of the corresponding right
to self-determination. This creates avoidable dilemmas, such as scenarios
where ethnic groups “utilize self-determination to escape oppressive colonial regimes[,] but must live with subsequent, homespun, oppression.”23
These scenarios raise questions regarding the extent to which domestic
autonomy sufficiently guarantees the rights of minority groups.24 Because
self-determination is a critical genre of human rights, invocation by
a central government of sovereignty—and its corollary of territorial
integrity—rings thin in the face of egregious and systematic violations
of the human rights of a group.
Statecraft in Africa and Contradictory Messages from Global
Institutions
A second significance of this book relates to its comment on statecraft
in Africa and contradictory messages from especially global institutions
bearing on the tension between sovereignty and self-determination in
Africa. It is necessary that we pause here to explain the accent on global
institutions. That explanation takes the form that, although the African
Union (AU) (formerly the Organization of African Unity, OAU), an
association of independent African states, arguably ranks among those
and due recognition given to the relationship between the two rights. Group rights
need attention in the continent because […] abusive state policies put groups at risk
[…]. Proper attention to human rights in the continent requires that the two rights go
together […]. No strategy for human rights promotion in the continent will succeed that
does not pay strong attention to group rights” like the right to self-determination). See
also UN Department of Economic and Social Affairs, State of the World’s Indigenous
Peoples, No. ST/ESA/328 (New York: United Nations), 192 (“Charter VI: Human
Rights”), https://www.un.org/esa/socdev/unpfii/documents/SOWIP/en/SOWIP_web.
pdf (“Human rights and fundamental freedoms can only exist truly and fully when selfdetermination also exists”; “[s]uch is the fundamental importance of self-determination as
a human right and a prerequisite for the enjoyment of all the other rights and freedoms”).
23 Joshua Dilk, “Reevaluating Self-Determination in a Post-Colonial World,” Buffalo
Human Rights Law Review, 16 (2010), 289, 300.
24 See Duncan French, ed., Statehood and Self-Determination: Reconciling Tradition
and Modernity in International Law (New York: Cambridge University Press, 2013).
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ARGUMENT
11
institutions, as an intergovernmental entity, the AU follows UN leadership on many key issues of international relations, an occurrence which
renders its role secondary.
The disharmony between the two complementary doctrines of International Law taking place in Africa arises because of statecraft domestically in African states and inconsistent application of the right to
self-determination in global institutions.25 Inconsistent application is
where the UN comes in. Time and again, messages emanating from
the organization privilege sovereignty-cum-territorial integrity over selfdetermination. During the Nigerian civil war, elaborated upon in the
case study on Nigeria in Chapter 4, the UN took the position that selfdetermination is only applicable to the entire population of a State, not
a section of it.26 UN Secretariat insists the door to future statehood
remains open, yet maintains that “if every ethnic, religious or linguistic
group claimed statehood, there would be no limit to fragmentation, and
peace, security and economic well-being for all would become ever more
difficult to achieve.”27 Preceding this statement, the International Court
of Justice (ICJ or World Court), a key UN organ, ruled, in a border
dispute between Burkina Faso and Mali, that the “obvious purpose” of
uti possidetis juris, the principle mandating maintenance of artificial colonial boundaries,28 “is to prevent the independence and stability of new
states being endangered by fratricidal struggles provoked by the changing
of frontiers following the withdrawal of the administering power.”29
Rather than break “the cycle of warfare and degradation that
plague[d]” postcolonial Africa,30 the ready defense of territorial integrity
25 Chapter 7, containing blueprints for ameliorating the tension between sovereignty
and self-determination, sheds more light on this line of argument.
26 Dilk, note 23, p. 301.
27 Language of then UN Secretary-General Boutros-Boutros Ghali, in “The SecretaryGeneral, An Agenda for Peace: Preventive Diplomacy, Peacemaking, and Peace-Keeping,”
Delivered to the Security Council and the General Assembly, U.N. Doc. A/47/277, S/
241 11 (June 17, 1992), 17.
28 Malcom N. Shaw, “The Heritage of States: The Principle of Uti Possidetis Juris
Today,” British Year Book of International Law, 67 (1996), 75, 97 (defining uti possidetis
juris as meaning that “new States will come to independence with the same boundaries
that they had when they were administrative units within the territory or territories of a
colonial power”).
29 The Frontier Dispute Case (Burkina Faso v. Mali), I.C.J. 544 (December 22, 1986).
30 Dilk, note 23, p. 289.
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in the guise of sovereignty has, instead, created “disaster across [the
region] in the form of corrupt authoritarian regimes, genocide, starvation, and the continuance of the same basic failures of human existence,”
reminiscent of the colonial era.31 Groups who need the protection of
self-determination do not have “to choose the certainty of post-selfdetermination confusion and conflict over the other equally unpalatable
option of doing nothing at all.”32 In its denouement in postcolonial
Africa, International Law prohibits states from undermining the territorial
integrity of fellow states, but where a secessionist movement is successful,
International Law grudgingly accepts it.33 Paradoxically, this perpetuated
abridgment of the right to self-determination takes place in an Information Age where, enduring human rights atrocities at home that in some
cases include genocide, proponents of the right to self-determination hold
themselves out as nations who deserve to use the tool that right affords
to determine their political fate.34
In sum, although “the potential for splitting is highest in” postcolonial Africa, statecraft in the region remains “most firmly [stuck] against
secession.”35 Because it is still imbued with the baggage of “attitudes
and strategies toward self-determination that were developed before and
during the Cold War,” the international community has not responded
31 Ibid., p. 290.
32 Ibid., p. 291.
33 Alex de Waal and Sarah M.H. Nouwen, “The Necessary Indeterminacy of Self-
Determination: Politics, Law and Conflict in the Horn of Africa,” Nations and
Nationalism, 27 (2021), 41, 47.
34 See Patricia Carley, Self-Determination: Sovereignty, Territorial Integrity, and the
Right to Secession, Report from a Roundtable Held in Conjunction with the U.S. Department of State’s Policy Planning Staff (Washington, DC: US Institute of Peace, March 1,
1996), ix, https://www.usip.org/sites/default/files/pwks7.pdf. (In the era of the Information Age, “peoples around the globe have an increased awareness of the state system’s
seemingly permanent configuration and of their place in it. Some of these groups […],
are now seeking to exercise what they see as their right to self-determination, which
they assume includes the right to independent statehood”). On the Information Age
and Society, see, for example, Frank Webster, Theories of the Information Society, 3d. Ed.
(London and New York: Routledge, 2006), 8–32, 263–273 (sections devoted to the
Information Society); and James R. Beniger, The Control Revolution: Technological and
Economic Origins of the Information Society (Cambridge, MA, and London, UK: Harvard
University Press, 1986).
35 Crawford Young, Politics in the Congo: Decolonization and Independence (Princeton,
NJ: Princeton University Press, 1965), 82.
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ARGUMENT
13
effectively, expeditiously, and innovatively to contemporary claims to selfdetermination.36 A dilemma of modern international relations theory and
diplomacy, nothing of its kind before now, that Africa confronts is how
to harmonize the imbalance between sovereignty and self-determination.
Given the interdependent world we live in, the problem raises the question for the international community regarding at what point the negative
consequences of absolutizing sovereignty outweighs any potential benefits,37 as well as for a more efficient and painless way—propounded by
this study—around the dilemma.
Debate Against Absolutizing Sovereignty
A third significance of this book lies in its contribution to the literature on conflict resolution in Africa in the post-Cold War period,38
anchored on the debate against the absolutization of sovereignty in postcolonial Africa.39 To the minimization or near-exclusion of other social
forces in society, many regimes in postcolonial Africa hold themselves
out as the state40 ; little different from the colonial regimes of the past,
they have constituted themselves into “an apparatus of violence,” who
36 Wolfgang Danspeckgruber and Anne-Marie Gardner, “Self-Determination,” Encyclopedia Princetoniensis, https://pesd.princeton.edu/node/656.
37 See Dilk, note 23, p. 304.
38 Philip C. Aka, “Human Rights as Conflict Resolution in Africa in the New Century,”
note 6, pp. 179–209 (2003).
39 See, for example, Francis M. Deng et al., Sovereignty as Responsibility: Conflict
Management in Africa (Washington, DC: Brookings Institution Press, 1996), 1–33
(mapping out the “Normative Framework of Sovereignty”). An imagery that springs to
mind is King Louis XIV of France who, in an address to the French Parliament on April
13, 1655, declared “I am the state.” Achyut Wagle, “I am the State,” The Kathmandu
Post (Kathmandu, Nepal) (May 8, 2017), https://kathmandupost.com/opinion/2017/
05/08/i-am-the-state.
40 Social forces are “any human created ways of doing things that influence, pressure, or force people to behave, interact with others, and think in specified ways.”
“Social Forces,” Sociology Guide, https://www.sociologyguide.com/socio-short-notes/soc
ial-force.php. They are elements within a society capable of changing the direction of that
society. John Spacey, “[Forty-Five] Examples of Social Forces,” Simplicable (April 18,
2022), https://simplicable.com/en/social-forces. Examples of these forces include the
educational system, families, and organizations like the media, firms, markets, industries,
and technology, especially entities not controlled by the government. See ibid.
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rely on “compliance [embedded in] coercion rather than authority.”41
Because action begets reaction, this occurrence coincides with arguments
for the tie of sovereignty with responsibility, specifically, as Francis M.
Deng posited, ability “to perform the tasks expected of an effective
government,” vis-à-vis the needs of its citizens:
Sovereignty is not merely the right to be undisturbed from without, but
the responsibility to perform the tasks expected of an effective government
[...]. The obligation of the state to preserve life-sustaining standards for
its citizens must be recognized as a necessary condition of sovereignty
[...]. The state has the right to conduct its activities undisturbed from the
outside when it acts as the original agent to meet the needs of its citizens
[...]. If the obligation is not performed, the right to inviolability should be
regarded as lost […].42
Deng explained that a government should not claim sovereignty if it is
not able to establish legitimacy by meeting minimal standards of good
governance and responsibility for the security and general welfare of its
citizens.43
The debate reached a high point in 1999, on the eve of the new
century, with then UN Secretary-General Kofi Annan’s enunciation of
a concept of two sovereignties. In the speech, Annan, the seventh
Secretary-General of the UN and the first Black African to hold the
position, matched state sovereignty against individual sovereignty.44 He
defined “individual sovereignty” as “the fundamental freedom of each
41 Claude Ake, Democracy and Development in Africa (Washington, DC: Brookings
Institution Press, 1996), 3.
42 Deng et al., note 39, p. xviii.
43 Francis M. Deng, “Reconciling Sovereignty with Responsibility: Basis for International Humanitarian Action,” in Africa in World Politics: The African State System in
Flux, 3rd Ed., eds. John W. Harbeson and Donald Rothchild (Boulder, CO: Westview
Press, 2000), 353, 357.
44 Kofi Annan, “Two Concepts of Sovereignty,” United Nations (September
18, 1999), https://www.un.org/sg/en/content/sg/articles/1999-09-18/two-conceptssovereignty. Boutros-Boutros Ghali (1922–2016), sixth Secretary-General of the UN from
1992 to 1996 was from Egypt, North Africa.
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ARGUMENT
15
individual, enshrined in the charter of the UN and subsequently international treaties,” instructively adding that individual sovereignty “has
been enhanced by a renewed and spreading consciousness of individual
rights,” such that “[w]hen we read the charter today, we are more than
ever conscious that its aim is to protect individual human beings, not
to protect those who abuse them.”45 Consistent with this repositioning
of individual sovereignty, Annan posited that state sovereignty, “in its
most basic sense, is being redefined,” such that “[s]tates are now widely
understood to be instruments at the service of their peoples, and not
vice versa.”46 In the light of this sovereignty-as-responsibility redefinition, given the numerous challenges of the modern era that humanity
faces, Annan urged states to embrace a broader definition of their national
interests, one which induces them “to find greater unity in the pursuit
of common goals and values,” specifically collective interest as national
interest.47
Comprehensive examination of the doctrine of self-determination,
including its “new role and meaning in the emerging global system”
is an idea whose time has come.48 This book is designed as a less
contentious contribution in the search for a harmonious relationship
between sovereignty and self-determination in postcolonial Africa, in an
era of democratic decline in the region, in the wake of the COVID19 pandemic.49 It is a response to clarion calls for new approaches
for comprehending the contours of post-Cold War international politics, including the role of the international community, amidst lingering
45 Annan, note 44.
46 Ibid.
47 Ibid.
48 Danspeckgruber and Gardner, note 36.
49 See Peter Mwai, “Gabon Coup: The Latest in a Series of Military Takeovers on
the Continent,” BBC News (August 30, 2023), https://www.bbc.com/news/world-afr
ica-46783600; Nana Amoateng, Military Coups in Africa: A Continuation of Politics
by Other Means?” Accord (August 19, 2022), https://www.accord.org.za/conflict-tre
nds/military-coups-in-africa-a-continuation-of-politics-by-other-means/; and John Campbell and Nolan Smith, “What’s Happening to Democracy in Africa,” Council on
Foreign Relations (May 26, 2021), https://www.cfr.org/article/whats-happening-democr
acy-africa (counting Ethiopia and Nigeria among countries where the relapse in democracy
is taking place).
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barriers that impede legitimate exercise of the right to self-determination
in postcolonial Africa, that some commentators analogize to underdevelopment of the doctrine in this world region50 ; and enlightened statecraft
in African states, joined with equally enlightened techniques of implementation globally, designed to address the constraints that impede enjoyment
of this group human right.
Juxtaposing the Three Countries on a Set of Key Indicators
A fourth mark of importance from which this work draws its significance
lies in the juxtaposition here of the three countries under examination,
Ethiopia, Nigeria, and Cameroon, on a set of key indicators referred to
repeatedly, as a baseline, in subsequent chapters of the book, including
Chapters 3–5 which provide extensive treatments on the trio. Table 1.1
juxtaposes the countries on selected indicators embedded in the intersection of sovereignty, self-determination, constitutional law, and conflict
resolution at the heart of this book. The information anticipates the more
detailed material on each country presented in Chapters 3–5. Contrary
to the popular adage, few things speak for themselves. Therefore, in no
order, the ranking of the countries on some of the indicators need brief
elaboration.
The first indicator relates to date of independence. Although Ethiopia
is broadly listed as never colonized, the country came under colonial rule
by Italy from 1935 until 1941.51 Such was the overriding influence of
European rule on African lives that, save perhaps for Liberia, no African
50 See M. Ya’Kub Aiyub Kadir, “Application of the Law of Self-Determination in a
Postcolonial Context: A Guideline,” Journal of East Asia and International Law, 9(1)
(May 2016), 7–8.
51 See Alberto Sbacchi, Legacy of Bitterness: Ethiopia and Fascist Italy, 1935–1941
(Lawrenceville, NJ: Red Sea Press, 1997).
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Date of independence
Population (estimate as of 2022)
Population growth rate (estimate
as of 2022)
Area (including land and water)
1.
2.
3.
Over 29 m
2.75 percent
Over 225 m54
2.53 percent
923,768 sq. km
1,104,300 sq. km55
(continued)
475,440 sq. km
Jan. 1, 1960
Cameroon
Oct. 1, 1960
Nigeria
June 26, 1945 (never
colonized)52
Approx. 114 m53
2.46 percent
Ethiopia
ARGUMENT
CIA World Factbook, note 51.
55 The figure for Ethiopia is an estimate, given that a large portion of the country’s border with Somalia is undefined. “Ethiopia,”
fourth most-populous country after China, India, and the US, see “Nigeria,” CIA World Factbook (Last updated February 21, 2023),
if it remains together then as one country.
1
54 Based on its demographic profile, Nigeria is projected to hit a population mark of 392 million by 2050, making it the world’s
ronmental degradation, and raising vulnerability to food shortages.” “Ethiopia,” CIA World Factbook, note 51 (“Demographic
Profile”).
53 CIA data point up that “Ethiopia’s rapid population growth is putting increasing pressure on land resources, expanding envi-
of the UN in San Francisco in 1945,” Africa Renewal (October 28, 2020), https://www.un.org/africarenewal/magazine/october2020/africa-countries-founding-un-san-francisco-1945. Ethiopia is one of four countries in Africa who were founding members of the
UN. The other three are Egypt, Liberia, and South Africa. Ibid. Ethiopia is the oldest independent country in Africa and one of the
oldest in the world, with a history of uninterrupted existence that goes back at least 2000 years. See “Ethiopia,” CIA World Factbook
(Last updated February 21, 2023).
52 That was the date Ethiopia was admitted to the United Nations. See Frank Kuwonu, “Four African Countries at the Founding
4.
Selected indicator
Item
no.
Table 1.1 Juxtaposition of the three countries on selected indicators embedded in the intersection of sovereignty,
self-determination, constitutional law, and conflict resolution
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17
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Comparison
Three largest ethnic groups
Mainstay of the economy
Type of government
Legal system
5.
6.
7.
8.
9.
Federal parliamentary
republic
Civil law
Agriculture
Oromo, Amhara, and
Somali56
Slightly less than twice the
size of TX in the US
Ethiopia
Mixture of English common
law, Islamic law,59 and
customary law
Petroleum products (crude
oil)
Federal presidential republic
Six times the size of GA or
slightly more than twice the
size of CA in the US
Hausa-Fulani, Igbo, and
Yoruba57
Nigeria
Unitary presidential
republic
Mixture of English
common law, French
civil law, and customary
law
Slightly larger than CA
or about 4 times the
size of PA in the US
Bamileke-Bamu; Beti/
Bassa, Mbam; and
Biu-Mandara58
Agriculture
Cameroon
Watch, “’Political Shari’a?’: Human Rights and Islamic Law in Northern Nigeria” (September 21, 2004), https://www.hrw.org/rep
ort/2004/09/21/political-sharia/human-rights-and-islamic-law-northern-nigeria. The twelve states, in alphabetical order (not order
of adoption), are Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara. See Human
Rights Watch, “The Extension of Shari’a to Criminal Law in Nigeria” (2004), https://www.hrw.org/reports/2004/nigeria0904/4.
htm#:~:text=By%202002%2C%20twelve%20states%20had,jurisdiction%20to%20try%20criminal%20cases.
59 Since 2000, twelve states in northern Nigeria have adopted Islamic law as their constitutional and legal codes. See Human Rights
Factbook, note 53.
58 Based on CIA estimate as of 2018, these three ethnic groups made up 60.5 percent of the population. See “Cameroon,” CIA
World Factbook (Last updated February 10, 2023).
57 Based on CIA estimate as of 2018, these three ethnic groups made up 66.7 percent of the population. See “Nigeria,” CIA World
56 Based on CIA estimate as of 2022, the three ethnic groups made up 67.1 percent of the population. See ibid.
Selected indicator
(continued)
18
Item
no.
Table 1.1
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18.
17.
16.
15.
14.
13.
12.
Labor force (estimate as of 2021)
Labor force by occupation in
percentage
10.
11.
Ethiopia
56,664 m
72.7 agric., 7.4 industry,
and 19.9 services (estimate
as of 2013)
Rate of unemployment (estimate as 3.6 percent
of 2021)
Rate of youth unemployment
5.7 percent
(15–24 years, male and female
combined) (estimate as of 2021)
Share of population below poverty 23.5 percent (estimate as
line
of 2015)
Real GDP per capita estimate as of $2,300
2021 (in US dollars in 2017)
Life expectancy at birth (male and 68 years
female combined) (estimate as of
2022)
Literacy (male and female 15 and
Approx. 51.8 percent (as
above who can read and write)
of 2017)
Education expenditures (share of
4.5 percent (estimate as of
GDP)
2019)
Selected indicator
Item
no.
0.5 percent (as of 2013)
62 percent (as of 2018)
Over 61 years
40.1 percent (estimate as of
2018)
$4,900
19.6 percent
9.79 percent
65.116 m
70 agric., 10 industry, and 20
services (estimate as of 1999)
Nigeria
(continued)
Over 71 percent (as of
2018)
3.2 percent (estimate as
of 2020)
Over 63 years
37.5 percent (estimate
as of 2014)
$3,700
6.6 percent
11.81 m
70 agric., 13 industry,
and 17 services
(estimate as of 2001)
3.87 percent
Cameroon
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1
ARGUMENT
19
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Health expenditures (share of GDP
as of 2020)
Military expenditures (estimate as
of 2021)
Portion of population using the
Internet (estimate as of 2020)
Refugee population
Internally displaced persons (IDPs)
19.
23.
874,909 (as of 2022 and
2023)60
2.72 million (as of 2022)
24 percent
0.5 percent
3.8 percent
Ethiopia
983,281 (as of 2022)
471,340 (as of 2022)62
86,731 (as of 2022)61
3.12 million (as of 2023)
38 percent
1 percent
3.5 percent
Cameroon
36 percent
0.7 percent
3.4 percent
Nigeria
62 The figure breaks down into 124,651 refugees from Nigeria, and 346,689 from Central African Republic. “Cameroon,” CIA World
Factbook, note 57.
World Factbook, note 51. The remainder were from South Sudan. and Somalia in 2003, 410,727 from South Sudan, and 252,496
from Somalia. Ibid.
61 These refugees came from Cameroon. “Nigeria,” CIA World Factbook, note 53.
60 Of the number, 211,686 came from Eritrea and Sudan in 2022, 162,993 from Eritrea and 48,693 from Sudan. “Ethiopia,” CIA
Sources “Ethiopia,” CIA World Factbook (Last updated February 21, 2023); “Nigeria,” CIA World Factbook (Last updated February 21, 2023);
“Cameroon,” CIA World Factbook (Last updated February 10, 2023); “Economy of Nigeria,” Britannica; WWF, “WWF Cameroon Strategic Vision on
Food and Agriculture,” https://cameroon.panda.org/our_work/food_and_agriculture/#:~:text=Agriculture%20is%20the%20mainstay%20ofcontribution%
20to%20the%20country’s%20GDP; and USAID, “Agriculture and Food Security,” https://www.usaid.gov/ethiopia/agriculture-and-food-security#:~:
text=Ethiopia’s%20economy%20is%20dependent%20on,farms%20are%20below%20regional%20averages
22.
21.
20.
Selected indicator
(continued)
20
Item
no.
Table 1.1
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1
ARGUMENT
21
country escaped the experience.63 In this sense, the reference to postcolonial Africa in this book applies no less to Ethiopia than it does to the two
other countries on our study list. Still on this indicator, both Nigeria and
Cameroon became independent in 1960, the famed “Year of Africa” when
seventeen African countries achieved independence from European colonial rule.64 In 1961, eighteen other countries followed suit, with thirteen
others doing so by the end of the 1960s.65 The second indicator pertains
to the rapid growth of population in each of the three countries, more
63 Although Liberia was founded in 1847, long before the Berlin Conference (1883–
1885), the US held a colony in the country. See US Department of State, Office of
the Historian, “Founding of Liberia, 1847,” https://history.state.gov/milestones/18301860/liberia#:~:text=In%201816%2C%20a%20group%20of,the%20world%20at%20that%
20time. The colonization of the country originated in 1816, when “a group of white
Americans founded the American Colonization Society (ACS) to deal with the ‘problem’
of the growing number of free blacks in the United States by resettling them in Africa,”
making Liberia “the second (after Haiti) black republic in the world at that time.” Ibid.
In short, the creation of Liberia as US colony “was motivated by the domestic politics
of slavery and race in the United States as well as by U.S. foreign policy interests.” Ibid.
Moving forward, although the US did not acquire colonies from its participation in the
Berlin Conference from November 1884 to February 1885, nonetheless, its role was not
that of a disinterested observer. Instead, the US sought to protect perceived actual and
potential interests in Africa. For one thing, the US helped validate the claims of King
Leopold II of Belgium on the Congo. G. Macharia Munene, “The United States and
the Berlin Conference on the Partition of Africa, 1884–1885,” Transafrican Journal of
History, 19 (1990), 73–79, http://www.jstor.org/stable/24328676 (abstract).
64 Katherine Everett et al., “The Year of Africa,” Origins (Ohio State University)
(December 2020), https://origins.osu.edu/article/year-of-africa-1960-rumba-pan-afr
icanism-Kariba?language_content_entity=en#:~:text=The%20year%201960%20is%20know
n,the%20global%20process%20of%20decolonization. The seventeen, in order of their
independences, are Cameroon on January 1 from France, Togo on January 27 from
France, Madagascar on June 26 from France, Democratic Republic of the Congo (later
Zaire) on June 30 from Belgium, Somalia on July 1 from Britain, Benin on August
1 from France, Niger on August 3 from France, Upper Volta (later Burkina Faso) on
August 5 from France, Ivory Coast (later Côte d’Ivoire) on August 7 from France,
and Chad on August 11 from France. “1960: The Year of Independence,” France
24 (February 16, 2010), https://www.france24.com/en/20100214-1960-year-indepe
ndence. Others are Central African Republic on August 13 from France, Republic of
the Congo on August 15 from France, Gabon on August 17 from France, Senegal on
August 20 from France, Mali on September 22 from France, Nigeria on October 1 from
Britain, and Mauritania on November 28 from France. Ibid.
65 Everett et al., note 64.
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P. C. AKA
so Nigeria and Ethiopia, within economic systems largely steeped in agriculture in a postindustrial age,66 with negative ramifications for provision
of social services like education and healthcare.67 In all three countries,
these services are currently minimally funded, with large swathes of the
population living below poverty line, more so for Nigeria, for all its vast
human and material resources, compared to the other two.
The third pertains to the governmental system. Although Ethiopia and
Nigeria are both federal republics, Ethiopia has a parliamentary system
of government while Nigeria has a presidential system, like the US from
which it copied its presidentialism on a federal system whose introduction
predated the country’s independence in 1960. Like these two countries,
Cameroon has a presidential system that, unlike its two counterparts,
is embedded in a unitary republic. As the discussions on the constitutional arrangements in these countries make clear, these differences
in governmental systems have ramifications for the legitimate exercise
and enjoyment of the human right to self-determination by citizens.
Ethiopia’s federalism is still steep in infancy, Nigerian federalism is still
mostly so in name, and Cameroon superimposes a presidential system of
government in a unitary format shorn of the decentralized structure in
France, from which it borrowed its governmental model. We will return
to these differences in governmental system and their significations related
to power devolution at more length in Chapter 6 dealing with the object
lessons from the case studies.
66 Understanding a postindustrial society requires us to break a modern economy into
agriculture, industry (or industrialization), and services. A postindustrial society would
be one where the economy has moved successfully from agriculture and industrialization
toward mostly services. Examples of these societies would be the US and Japan. See
Ashley Crossman, “Post-Industrial Society in Sociology,” ThoughtCo (Updated May 30,
2019), https://www.thoughtco.com/post-industrial-society-3026457. Nigeria’s economy
is still in the non-postindustrial mode since it simply replaced its economy at independence
embedded in agriculture with one based on export of crude oil into the world market.
See Philip C. Aka and Joseph Abiodun Balogun, Healthcare and Economic Restructuring:
Nigeria in Comparative Perspective (Gateway East, Singapore: Palgrave Macmillan, 2022),
40–41.
67 See Philip C. Aka et al., The Political Economy of Universal Healthcare in Africa:
Evidence from Ghana (London and New York: Routledge, 2022), 92–93 (“Rapid Population Growth Inconsonant with Supply of Healthcare Services”) (quoting the wisdom
of one Nigerian demographer to the effect that “If you don’t take care of population,
schools can’t cope, hospitals can’t cope, there’s not enough housing—there’s nothing you
can do to have economic development”).
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ARGUMENT
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The fourth and last relates to the campaign for self-determination.
The low spending on defense for all three countries is beside the point
since African law enforcement personnel need much less competence to
suppress dissent, including campaigns for self-determination, within their
mostly impoverished populace than they need to secure their borders and
maintain a semblance of domestic tranquility. In this respect, under the
circumstances, a more reliable indicator is the large number of refugees
and internally displaced persons in each country.
Caveat: Identification of the Tension Between Sovereignty
and Self-Determination Does Not by Itself Exhaust the Merit of This
Book
Although important, identification of the tension between sovereignty
and self-determination in Africa that this book embodies does not by
itself exhaust the message of the work or its merit. Since the fall of
the Berlin Wall in 1989, signifying the end of the Cold War between
the worlds of capitalism and socialism with the developing world straddled in-between the two opposing political and ideological systems,68
forty territories have gained independent statehood, each of which has
been admitted into UN membership (see Appendix B at the end of this
chapter). Of the number, only 3, namely, Namibia, Eritrea, and South
Sudan, representing 7.5 percent of the total, came from Africa. Each
of the new African states came after arduous and bloody struggles for
self-determination, some like Eritrea and South Sudan, raging for one
whole generation and beyond, leaving the unmistakable impression that,
compared to other world regions, peaceful, nonviolent, campaigns for
self-determination are practically impossible in Africa.
Put differently, self-determination struggles in the world generally end
nonviolently—except in Africa, where it is practically impossible to move
borders without wars. For the region, even under a new world order
68 The Berlin Wall, in place from August 13, 1961, to November 9, 1989 was “one
of the most powerful and enduring symbols” of the Cold War between East and West.
“Berlin Wall,” History (Updated March 3, 2021), https://www.history.com/topics/
cold-war/berlin-wall#:~:text=at%20high%20speeds.-,The%20Berlin%20Wall%3A%20The%
20Fall%20of%20the%20Wall,to%20cross%20the%20country’s%20borders. For more on the
Cold War, see notes 4–5 and accompanying texts.
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24
P. C. AKA
relatively shorn of the ideological rivalry between East and West, International Law prohibits states from undermining the territorial integrity of
fellow states, only to reluctantly accept it where a secessionist struggle is
successful.69 In a world still dominated by Whites, the whole atmosphere
smacks of racism in international relations under the new world order
after World War II embedded in the UN.70
An interlocuter could respond that Africa already has many states. The
answer to such criticism is that Africa is the second-largest continent in
69 See note 33 and accompanying text.
70 Somdeep Sen, “Race, Racism, and the Teaching of International Relations,” International Studies (January 28, 2022), https://doi.org/10.1093/acrefore/9780190846626.
013.666; Kelebogile Zvobgo and Meredith Loken, “Why Race Matters in International
Relations,” Foreign Policy (June 19, 2020), https://foreignpolicy.com/2020/06/19/
why-race-matters-international-relations-ir/ (arguing that the time has come to change the
atmosphere of Western dominance and white privilege that permeates the International
Relations field); and Alexander Anievas et al., eds., Race and Racism in International
Relations: Confronting the Global Color Line (London: Routledge, 2014) (seeking to position International Relations as an intellectual and strategic tool through which to confront
the global color line, by articulating the central importance of race and racism in the field,
thereby repairing the failure of International Relations to grant race and racism explanatory agency in its conventional analyses). Going beyond theory, commentaries abound
about the inherently “racist character of the contemporary international system,” indicated by multiple issues, such as “the deeply unjust historical foundations of the present
system,” economic disparity between the industrialized North and the developing South,
responses to humanitarian suffering, and refugees, among others. Katie Lockwood, “Is the
International System Racist?” E-International Relations (March 3, 2019), https://www.
e-ir.info/2019/03/03/is-the-international-system-racist; and Tilden J. Le Melle, “Race
in International Relations,” International Studies Perspectives, 10(77–83) (2009) (arguing
that, for all the important changes that have taken place in world politics, including the
emergence of China and India, two non-European countries, as major powers, “[t]he
international system remains still a white dominant racially stratified system”).
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ARGUMENT
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the world, next after Asia.71 Next also to Asia, it is populous.72 Moreover, for the most part, states in the region are artificial countries, with
boundaries not guided by natural features, created by European powers,
who met at the Berlin Conference in Germany (1884–1885) to harmonize their “scramble for Africa.”73 Following its formation in May 1963,
the then OAU committed itself to respect boundaries drawn arbitrarily
by European colonial overlords.74 Yet, there is no major state in Africa
since decolonization that does not enclose within its borders a disgruntled
minority with a complaint of exclusion that in some places goes beyond
marginalization to include genocide.75 This is despite the stipulation in
the African Charter on Human and Peoples’ Rights (1981) forbidding
71 Africa has a land area of 11.6 million square miles, compared to 17.2 million
square miles for Asia. See Matt Rosenberg, “The [Seven] Continents Ranked by Size
and Population,” ThoughtCo (Updated April 11, 2020), https://www.thoughtco.com/
continents-ranked-by-size-and-population-4163436. Comparatively, the continent has an
area more than three times that of the US. “Continent,” National Geographic, https://
education.nationalgeographic.org/resource/Continent. To frame the comparison differently, Africa has enough land space to fit in the landmasses of China, the US,
Europe, India, and Japan. Edward Paice, “By 2050, a Quarter of the World’s People
Will Be African—This Will Shape Our Future,” Guardian (London) (January 20,
2022), https://www.theguardian.com/global-development/2022/jan/20/by-2050-a-qua
rter-of-the-worlds-people-will-be-african-this-will-shape-our-future.
72 Africa is home to 1.3 billion people, versus 4.6 billion people for Asia. Rosenberg,
note 71.
73 See Matt Rosenberg, “The Berlin Conference to Divide Africa,” ThoughtCo (Updated
June 30, 2019), https://www.thoughtco.com/berlin-conference-1884-1885-divide-africa1433556. For more on the conference, see Chapter 2, notes 188–197 and accompanying
texts.
74 See Organization of African Unity [OAU], Border Disputes Among African States,
AHG/Res 16(I) (July 17–21, 1964).
75 See Sabelo J. Ndlovu-Gatsheni and Brilliant Mhlanga, eds., Bondage of Boundaries
and Identity Politics in Postcolonial Africa (Pretoria, South Africa: Africa Institute of
South Africa, 2013). See particularly, Eric George and Nazar Hilal, “Africa in Search of
(In)security: Beyond the Bondage of Boundary,” 45–60; Aleksi Ylönen, “The State and
the ‘Southern Problem’ in Sudan: Marginalization, Self-Determination[,] and Secession,”
130–147; Eric Ebola Elong, “The Anglophone Problem and the Secession Option in
Cameroon,” 148–162; Frederick Kisekka-Ntale, “Colonialism, Postcolonial Violence[,]
and Repression: Reflections on the Northern Question in Uganda,” 237–256; and
Olayode Kehinde Olusola. “Sovereignty, Self-Determination[,] and the Challenge of
Nation Building in Contemporary Africa,” 290–304.
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P. C. AKA
“the domination of [one] people by another.”76 In short, argument about
“secessionist deficit” in postcolonial Africa does not fly in the light of the
groundswell of separatist activities in numerous countries, summarized in
Appendix A, three of which states, identified above, we use in this book.
The Kanu Saga from Nigeria as a Textbook
Example of the Problem This Book Addresses
On July 20, 2022, the United Nations Working Group on Arbitrary
Detention (hereinafter the UN Working Group, Working Group, or
Group) published a report pertaining to the disharmonious relationship
between sovereignty and self-determination in present-day Africa at the
heart of this book. The Group is an offspring—and offshoot—of the
United Nations Human Rights Council, an intergovernmental agency
tasked with responsibility for protecting and promoting human rights
across the world.77 For its part, the UN Working Group investigates cases
of arbitrary detention and other denials or abridgements of liberty, inconsistent with the international standards embedded in global human rights
instruments.78 Among other roles, the Working Group also conducts field
missions designed to better comprehend latent forces on the ground in
76 See African Charter on Human and Peoples’ Rights (Banjul Charter), Organization of African Unity (OAU), CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (June 27, 1981)
[hereinafter Banjul Charter], art. 19, https://www.refworld.org/docid/3ae6b3630.html.
77 Formed in 1991 and headquartered in Geneva, Switzerland, before March 2006, the
Human Rights Council used to be known as the Commission on Human Rights. The
Council has 47 members elected for staggered three-year terms on a regional group basis,
13 from Africa, 13 from Asia-Pacific, 8 from Latin America and the Caribbean, 7 from
Western Europe, and 6 from Eastern Europe. See Office of the UN High Commissioner
for Human Rights, “Welcome to the Human Rights Council,” https://www.ohchr.org/
en/hr-bodies/hrc/about-council; and Office of the UN High Commissioner for Human
Rights, “Membership of the Human Rights Council,” https://www.ohchr.org/en/hr-bod
ies/hrc/membership. Based on the ordinary dictionary definition of the term, to protect
human rights is to preserve or guarantee these rights, using formal or legal measures, to
keep them safe from harm or injury. See “Protect,” Merriam-Webster Dictionary. Similarly,
based on the ordinary dictionary definition of the term, to promote human rights is
to further the progress of these rights through support or active encouragement. See
“Promote,” Merriam-Webster Dictionary.
78 See “Methods of Work of the Working Group on Arbitrary Detention,” U.N. Doc.
A/HRC/36/38 (July 13, 2017), ¶ 7, https://documents-ddsny.un.org/doc/UNDOC/
GEN/G17/190/80/PDF/G1719080.pdf?OpenElement. The Working Group’s most
powerful tool in addressing the problem of arbitrary detention is investigating individual
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ARGUMENT
27
countries that give vent to arbitrary detentions and related denials of
liberty.79
Extraordinary Rendition of Nnamdi Kanu from Kenya to Nigeria
in 2021
The report here in question is related to Nnamdi Kanu, a key figure
in the Igbo self-determination movement in Nigeria in the aftermath
of the Nigerian civil war (1967–1970) that has received new impetus
under the country’s Fourth Republic since 1999.80 Kanu, a dual-citizen
of Nigeria and Britain, who lived in the UK before his rendition from
Kenya to Nigeria in June 2021,81 is the leader of the Indigenous People
of Biafra (IPOB), a nongovernmental organization which campaigns for
Igbo separation from Nigeria through peaceful and nonviolent means.82
The Nigerian government is prosecuting Kanu for treason (which it
complaints. An investigation proceeds in four distinct steps: (i) a source, such as an individual or non-government organization, brings a claim; (ii) the accused government has
an opportunity to reply; (iii) the source may respond; and (iv) an opinion may be issued.
David S. Weissbrodt and Brittany Mitchell, “The United Nations Working Group on Arbitrary Detention: Procedures and Summary of Jurisprudence,” Human Rights Quarterly,
38(3) (August 2016), 655, 667.
79 “Methods of Works of the Working Group on Arbitrary Detention,” note 78.
80 See Chapter 4 detailing the dynamics of the self-determination struggles in Nigeria,
embodying two campaigns, denominated Biafra 1, and Biafra 2.
81 “Rendition,” more formally known as “Extraordinary Rendition” “is the practice
of kidnapping or capturing” an accused person and transporting that individual to
a country location where he or she faces “a high risk of torture or abuse [during]
interrogations.” ACLU, “Extraordinary Rendition,” https://www.aclu.org/issues/nat
ional-security/torture/extraordinary-rendition#:~:text=Extraordinary%20rendition%20is%
20the%20practice,torture%20or%20abuse%20in%20interrogations. The term originated
from the intelligence-gathering techniques of US law enforcement agencies, particularly
the Central Intelligence Agency, involving the transfer of foreign nationals suspected of
involvement in terrorism to detention and interrogation in countries where domestic
American and international legal safeguards do not apply. In the notorious colloquialism
of former CIA agent Robert Baer: “If you want a serious interrogation, you send a
prisoner to Jordan. If you want them to be tortured, you send them to Syria. If you
want someone to disappear—never to see them again—you send them to Egypt.” ACLU,
“Fact Sheet: Extraordinary Rendition,” https://www.aclu.org/other/fact-sheet-extraordi
nary-rendition.
82 See Benjamin Maiangwa, “What Drives the Indigenous People of Biafra’s Relentless
Efforts for Secession,” Conversation (July 12, 2021), https://theconversation.com/whatdrives-the-indigenous-people-of-biafras-relentless-efforts-for-secession-163984.
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analogizes to “levying war” against Nigeria), as well as for terrorism.83
Chapter 4 of this book focuses on IPOB and other groups agitating for
Igbo separation from Nigeria in the name of Biafra.
Opinion of the UN Working Group Related to Kanu
The UN Working Group gave an opinion related to the prosecutions
of Kanu since June 2021, including his arrest in and rendition from
Kenya, torture, and indefinite detention in Nigeria by the Nigerian secret
police.84 Through its 16-page report, adopted on April 4, 2022, at its
93rd session, held March 30 and April 8, 2022, the Working Group
criticized both the Nigerian and Kenyan governments for engaging in
these violations, contrary to their international human rights obligations,
including those emanating from their ratification of the International
Covenant on Civil and Political Rights (ICCPR).85 It ruled that Kanu
is “being persecuted for the peaceful exercise of his rights, most notably
his freedom of opinion and expression,” a guarantee necessary for the full
development of the individual within the meaning of the ICCPR.86 The
Nigerian government charged Kanu of “levying war” against it and the
country.87 However, the Working Group observed that the same government failed to provide evidence of any action implicating Kanu in the
contemplation, planning, or incitement of war against Nigeria.88 To the
contrary, Kanu advocated nonviolently for a referendum to determine the
fate of Biafrans.89
83 “Nigerian Court Upholds Treason Charges against Nnamdi Kanu,” Africa
News (January 20, 2022), https://www.africanews.com/2022/01/20/nigerian-court-uph
olds-treason-charges-against-nnamdi-kanu//; and Timothy Obiezu, “Nigerian Separatist
Leader Arrested, Faces Trial,” VOA Africa (June 30, 2021), https://www.voanews.com/
a/africa_nigerian-separatist-leader-arrested-faces-trial/6207665.html.
84 Absent the text of the opinion here in question, the following discussion draws on
an extensive reporting, including excerpts of the decision from “UN Orders Immediate
Release of Nnamdi Kanu from Detention,” The Will (July 23, 2022), https://thewillni
geria.com/news/un-orders-immediate-release-of-nnamdi-kanu-from-detention/.
85 See ibid.
86 “UN Orders Immediate Release of Nnamdi Kanu from Detention,” note 84.
87 Ibid.
88 Ibid.
89 Ibid.
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ARGUMENT
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Given these findings, the UN Working Group advised the Nigerian
government to “immediately release Kanu unconditionally” and compensate him for perpetuated arbitrary violation of his fundamental human
rights; recommended that government officials responsible for the torture
meted out to him be investigated and punished; and gave the government
six months to report back to it regarding steps it has taken to comply with
the Group’s recommendations.90 And given the “collusion between the
Governments of Kenya and Nigeria in the rendition of Mr. Kanu,” it said,
“both Governments bear joint responsibility for” the perpetuated violations of Kanu’s rights which took place in Kenya and Nigeria.91 The UN
Working Group referred the case to the Special Rapporteur on Torture
and Other Cruel, Inhuman, or Degrading Treatment or Punishment for
further determination related to Kanu’s torture.92
In support of its finding of arbitrary detention anchored on illegal
arrest, rendition, torture, and nominal judicial proceedings against
Nnamdi Kanu, the Working Group reasoned severally as follows. First,
pre-trial detention “should be the exception rather than the rule, and
[…] for the shortest time possible,” during which timeframe an accused
person has the right to challenge the lawfulness of his or her detention
before a court.93 Instead, here, the Working Group finds no legitimate
grounds for the delays in Kanu’s prosecution.94 An accused person under
detention pending trial is entitled to trial within a reasonable time, failing
which he or she should be set free.95
90 Ibid.
91 Ibid.
92 Ibid. Created in 1985, in the leadup to the formation of the UN Working Group
in 1991, the Special Rapporteur on torture and related persecutions, has a key role in
upholding the UN’s absolute prohibition of torture, by responding to torture complaints,
overseeing conditions of detention throughout the world, and hammering out standards
and recommendations designed to promote accountability and prevent torture. In July
2022, the UN Human Rights Council appointed Alice Jill Edwards, an Australian
national, as the seventh occupant of this office. The first woman to come to this position,
Edwards assumed office on August 1, 2022. See “Special Rapporteur on Torture,”
United Nations Human Rights Special Procedures, https://www.ohchr.org/en/specialprocedures/sr-torture#:~:text=Current%20mandate%20holder,-Dr.&text=Alice%20Jill%20E
dwards%20(Australia)%20is,tenure%20begins%20on%201%20August.
93 “UN Orders Immediate Release of Nnamdi Kanu from Detention,” note 84.
94 Ibid.
95 Ibid.
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Second, a detainee has the right to legal assistance by counsel of
his or her choice, which right the accused must be promptly informed
of upon apprehension.96 This right to effective counsel should not be
unreasonably curtailed.97 However, “by failing to allow Mr. Kanu to be
represented by lawyers of his choice, including an international counsel,
the [Nigerian] Government denied Mr. Kanu’s right to legal assistance
at all times.”98 Third, the rule relating to presuming an accused person
innocent until proven guilty was also violated. During Kanu’s arraignment in court, the State Security Service (SSS), Nigeria’s secret police,
“surrounded the court complex with an array of armed forces, creating
an atmosphere of intimidation and danger.”99 Similarly, accused persons
“should not be presented to the court in a manner indicating that they
may be dangerous criminals, as this also undermines the presumption of
innocence.”100 This violation occurred in Kanu’s case.
Fourth, following his rendition from Kenya to Nigeria, Kanu had been
held in solitary confinement at the SSS headquarters in Abuja in a small
cell where he was exposed to daily psychological and mental torture,
without access to other inmates or any other person, except SSS officers.101 And although there is indication that he suffers from a serious
heart condition, the Nigerian government has refused Kanu access to
medical care.102 Fifth, detention without trial and related abridgments
of personal liberty must be subject to effective oversight and control by
the judiciary which, here again, did not take place.103
Latest Denouement Related to the Kanu Trial
On October 12, 2022, in the latest denouement related to the Kanu
trial, a three-member panel of Nigeria’s Appeals Court based in Abuja
96 Ibid.
97 Ibid.
98 Ibid. The Working Group assessed untoward treatment of Kanu’s lawyers as “entirely
unacceptable” and a violation of international human rights standards. Ibid.
99 “UN Orders Immediate Release of Nnamdi Kanu from Detention,” note 84.
100 Ibid.
101 Ibid.
102 Ibid.
103 Ibid.
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ARGUMENT
31
threw out the charges against the separatist leader, on the ground that his
arrest through extraordinary rendition was unlawful.104 For this reason,
the panel reasoned, the Federal High Court, which all along handled the
case, lacked the jurisdiction to try Kanu, to begin with.105 The charges
the three-member panel threw out were the seven remaining out of the
initial fifteen preferred against him.106 The Nigerian national government
quickly indicated it would not release Kanu, on the ground that “Kanu
was only discharged and not acquitted.”107
104 See Ishaq Khalid and Cecilia Macaulay, “Nnamdi Kanu: Nigerian Court Drops
Charges against Separatist IPOB Leader,” BBC News (October 14, 2022), https://
www.bbc.com/news/world-africa-63241555. See also Ameh Ejekwonyilo, “Appeal
Court Ends Nnamdi Kanu’s Trial, Orders IPOB Leader’s Release,” Premium
Times (Abuja) (October 13, 2022), https://www.premiumtimesng.com/news/hea
dlines/559458-appeal-court-ends-nnamdi-kanus-trial-orders-ipob-leaders-release.html. For
the text of the judgment, see Bridget Edokwe, “The Charges Against Nnamdi
Kanu Are Terminated and Struck Out—Court of Appeal,” Barrister NG
(October 18, 2022), https://barristerng.com/download-enrollment-order-just-in-thecharges-against-nnamdi-kanu-are-terminated-and-struck-out-court-of-appeal/. The three
judges involved are Justices Jummai Hanatu Sankey, Oludotun Adefope-Okojie, and
Ebiowei Tobi. Ibid.
105 Khalid and Macaulay, note 104. See also Eric Ikhilae, “Appeal Court Ends
Nnamdi Kanu’s Trial, Orders IPOB Leader’s Release,” Nation (Lagos) (October 14,
2022), https://thenationonlineng.net/appeal-court-ends-nnamdi-kanus-trial-orders-ipobleaders-release/.
106 Klalid and Macaulay, note 104.
107 Ibid. See also Vincent Ufuoma, “Nnamdi Kanu: FG Speaks on Appeal
Court Ruling, Says It Will Consider Other Legal Options,” ICIR (October 14,
2022), https://www.icirnigeria.org/nnamdi-kanu-fg-speaks-on-appeal-court-ruling-says-itwill-consider-other-legal-options/.
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Takeaways from the Kanu Saga
It takes several to tango.108 The Kanu saga is a textbook example
of the hydra-head nature of the tension between sovereignty and selfdetermination in postcolonial Africa, involving multiple parties, that this
book tackles. It also spells out the need to resolve this issue through
measures at the domestic and international levels embedded in conflict
resolution. The multiple parties, elaborated in Chapter 7 on the blueprints
for ameliorating the tension, are ethnic leaders and their foot soldiers of
supporters spoiling to use the right of self-determination; aloof central
government authorities working overdrive to curtail or block such usage,
in the guise of territorial integrity; and a variegated species of the international community of differentiated disinterestedness in-between these
two contenders.
Intersection of International Law,
Constitutional Law, and Conflict Resolution
from the Prism of the Three Case Studies
This section builds on and amplifies the foregoing discussion pertaining
to the argument of this book. It covers three points: (i) the need for
more Constitutional Law, which this book fills, in discussions relating to
sovereignty and self-determination; (ii) the relevance and importance of
Constitutional Law as a tool for conflict resolution; and (iii) justification
for the three case studies.
108 Parody of “it takes two to tango,” an idiomatic expression denoting parties inextricably paired in a palatable or unpalatable relationship. See Eric Donald Hirsch, Jr., et al.,
The New Dictionary of Cultural Literacy: What Every American Needs to Know (Boston,
MA: Houghton Mifflin Harcourt, 2002), 52 (“Certain activities cannot be performed
alone—such as quarreling, making love, and dancing the tango”). The saying originated from the scene of a real-time dance where two partners move in relation to each
other, sometimes in tandem, sometimes in opposition. See Wolfgang Mieder, Proverbs: A
Handbook (Westport, CT: Greenwood, 2004), 233; and Wolfgang Mieder, The Politics
of Proverbs: From Traditional Wisdom to Proverbial Stereotypes, Vol. 10 (Madison, WI:
University of Wisconsin Press, 1997), 125.
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ARGUMENT
33
Need for More Constitutional Law in Discussions Relating
to Sovereignty and Self-Determination
International Law refers to the “rules and principles governing the relations and dealings of [states] with each other, as well as the relations
between states and individuals, and relations between international organizations.”109 For its part, Constitutional Law refers to “the process
by which people constitute themselves and their values in a binding
legal document adaptive to new conditions not present when the document was written.”110 Sovereignty and self-determination are doctrines
of International Law. The two doctrines are analyzed within the prism of
International Law, but rarely so through the perspective of Constitutional
Law, a hole in the literature that this book seeks to fill.
Many studies on the intersection of sovereignty and self-determination
pay insufficient attention to “the broader set of possible constitutional
arrangements that can impact secession,” oblivious to the reality that,
although they “hinge on high power politics, [secessionist disputes] also
have an important constitutional dimension.”111 This lack is despite the
fact that going back to the early days of US constitutionalism, sovereignty
and self-determination have deep roots in constitutional law.112 In sum,
secession, a topic often tied to international law, “is not merely about
rights but also implicates questions of constitutional structure and other
109 “International Law,” Legal Information Institute (LII), Cornell Law School,
https://www.law.cornell.edu/wex/international_law.
110 Philip C. Aka, Bosnia as Civil State and Global Citizen: Alternative Futures Outside
the EU (Lanham, Boulder, New York, and London: Rowman & Littlefield, 2021), ix,
200.
111 Tom Ginsburg and Mila Versteeg, “From Catalonia to California: Secession in
Constitutional Law,” Alabama Law Review, 70(4) (2019), 923, 933.
112 Michael Kirby, “International Law—The Impact on National Constitutions,” American University International Law Review, 21(3) (2006), 327–364 (statement on the
influence of International Law on Constitutional Law); Peter J. Spiro, “Treaties, International Law, and Constitutional Rights,” Stanford Law Review, 55(5) (2003), 1999–2028
(statement on how International Law limits the dangers of behaviors outside the constitutional purview); Kristen L. Walker, “International Law as a Tool of Constitutional
Interpretation,” SSRN (July 24, 2002), https://papers.ssrn.com/sol3/papers.cfm?abs
tract_id=319921 (commenting on the decision of Justice Michael D. Kirby, Justice of
the High Court of Australia from 1996 to 2009, to use International Law in interpreting
the Australian Constitution).
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constitutional provisions.”113 This reason, along with the reality that
constitutional arrangements on secession sometimes impact the prospects
of secession,114 justifies the application of constitutional law to such analysis. As Professors Tom Ginsburg and Mila Versteeg point out, “when
the constitution creates a legal avenue to secede, it reduces the need
for violence to advance secessionist claims.”115 This book joins the
attempts to redress the imbalance in the tools of inquiry by bringing in
Constitutional Law.
Importance of Constitutional Law as a Conflict Resolution Mechanism
In addition to the first point above, the importance is indicated by the
depiction in this book of constitutional provisions for self-determination
as a necessary but not sufficient condition for dousing some of the fire
in the campaign for self-determination. It is a focus on international
and comparative analysis not inconsistent with the role of constitutional
law at the domestic level. For example, in holding two defendants for
murders related to their role in the 1995 bombing of a federal building
in Oklahoma City leading to the death of 168 people, a US trial judge
also sentenced the duo for “crime[s] against the Constitution of the
United States” in that persons killed and the offices destroyed during
the attack on the building were engaged in the constitutional functions
of providing for a common defense, establishing justice, promoting the
general welfare, and ensuring domestic tranquility listed in the preamble
of the US Constitution.116
113 Ginsburg and Versteeg, note 111, p. 928.
114 See ibid. generally.
115 Ibid. (abstract). Emphasis added.
116 See “Richard P. Matsch, 88, Judge in Oklahoma Bombing Case, Is Dead,” New
York Times (May 29, 2019), https://www.nytimes.com/2019/05/29/obituaries/richardp-matsch-dead.html.
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1
ARGUMENT
35
The Three Case Studies
As indicated earlier in this chapter, the three countries this book explores
are Ethiopia, Nigeria, and Cameroon.117 These countries, given detailed
treatment in Chapters 3–5, are scenes of self-determination that illuminate the argument about absolutization of sovereignty at the expense
of the complementary doctrine of self-determination made in this book.
Table 1.1 laid down the performance of each country on a list of selected
indicators pertaining to sovereignty, self-determination, constitutional
law, and conflict resolution, with accompanying explanatory statements
on some of those indicators. The discussion in this section next follows
through with two points bearing on the need for more Constitutional
Law in discussions relating to sovereignty and self-determination, and the
significance of Constitutional Law as a conflict resolution mechanism. The
only remaining element necessary to complete the discussion here is the
constitutional provision (or lack thereof) of each of the three countries
related to self-determination. The conversation begins with Ethiopia.
Ethiopia’s 1995 Constitution guaranteed the right to selfdetermination for eligible ethnic groups. The document stipulates
that “[e]very Nation, Nationality and People in Ethiopia has an unconditional right to self-determination, including the right to secession.”118 In
contrast, Nigeria’s 1999 constitution, the legal framework governing the
Fourth Republic since 1999, lacks such provision. Instead, the document
provides, “We the people of the Federal Republic of Nigeria […] firmly
and solemnly resolve[] […] to live in unity and harmony as one indivisible
and indissoluble sovereign nation under God […].”119 Reinforcing this
provision, the same constitution contained, within its very first articles,
the statement to the effect that “Nigeria is one indivisible and indissoluble Sovereign State to be known by the name of the Federal Republic
117 See Table 1.1 (Juxtaposing the three countries on selected indicators at the
intersection of sovereignty, self-determination, constitutional law, and conflict resolution).
118 Constitution of the Federal Democratic Republic of Ethiopia, 1995, reprinted in
Ref World https://www.refworld.org/docid/3ae6b5a84.html, art. 39(1).
119 Constitution of the Federal Republic of Nigeria, 1999, Constitute Project, https://
www.constituteproject.org/constitution/Nigeria_2011.pdf?lang=en, preamble.
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of Nigeria.”120 The 1979 Constitution provided similarly.121 The major
difference between these two constitutions though is that, whereas the
1979 Constitution underwent the approval of a Constituent Assembly,
after the Constitution Drafting Committee completed its work, the
1999 Constitution lacks these popular imprimaturs.122 Like Nigeria’s,
Cameroon’s constitution precludes secession. The country’s 1996 constitution provides, “We, the people of Cameroon […] solemnly declare
that we constitute one and the same nation, bound by the same destiny,
and assert our firm determination to build the Cameroonian Fatherland
on the basis of the ideals of fraternity, justice, and progress.”123 More
specifically, the document stipulates that “The Republic of Cameroon
shall be […] one and indivisible[.]”124
In sum, of the three countries used as case studies in this book, only
post-socialist Ethiopia entrenched the right to self-determination in its
constitution. In contrast, Nigeria and Cameroon lack such provision in
their respective constitutions. Instead, as indicated above, the constitution of Nigeria stipulates that the country is “indivisible and indissoluble,”
while that of Cameroon proclaims that the country is “one and indivisible.” Vis-à-vis Ethiopia, these pro-sovereignty commandments from
Nigeria and Cameroon call to mind one proposition, based on a reading
of US jurisprudence relating to secession, to the effect that the American Constitution gave citizens “the right to change [their] national
government […] but [it] did not provide a right to walk away from it.”125
120 Ibid., art. 2(1).
121 See Constitution of the Federal Republic of Nigeria, 1979, Constitution Net
https://constitutionnet.org/sites/default/files/nig_const_79.pdf, preamble; and art. 2(1)
(indivisibility and indissolubility clause).
122 See Philip C. Aka, “Why Nigeria Needs Restructuring Now and How It Can
Peacefully Do It,” Denver Journal of International Law and Policy, 46(2) (Winter 2018),
123–157.
123 Constitution of the Republic of Cameroon (adopted January 18, 1996), amendment to the Constitution of June 2, 1972 (International Labor Organization),
preamble, http://ilo.org/dyn/natlex/docs/ELECTRONIC/43107/977788/F-210347
6279/CMR43107%20Eng.pdf.
124 Ibid., art. 1(2).
125 Farah Mohammed, “The Recipe for Secession: What Makes Nations Leave,” JSTOR
Daily (March 23, 2017), https://daily.jstor.org/the-recipe-for-secession-what-makes-nat
ions-leave/. In Texas v. White, 74 U.S. 700 (1869), decided after the US civil war (1861–
1865), the US Supreme Court ruled that there was no right to secession under the US
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ARGUMENT
37
From the point of loose convergence, each country interjects diversity
that spices up the analysis in this book related to the intersection between
sovereignty and self-determination: Ethiopia on its agelong insecurity
with respect to Eritrea pertaining to the landlock-ness of Ethiopia; Nigeria
on its vast human and natural resources, which analysts liken to a giant
and key to its status as home to the largest economy in Nigeria which it
stands to lose if the Igbo, a powerhouse of commerce and entrepreneurship but also persistent advocate for Biafra, leaves; and Cameroon for its
status as Africa in miniature which, like Nigeria, Cameroon could lose
if English-speaking Cameroon, seeking separate existence in the name of
Ambazonia, leaves. As we show with the case studies and recapitulate in
Chapter 7 devoted to blueprints, it is counterproductive to use force to
subdue a group legitimately seeking to exit a state. Thus, for each of
these groups, including the Oromo and Tigray peoples lately in Ethiopia,
constitutionalization of the right to self-determination kicks in because
of the conflict resolution dynamics it introduces into the equation in the
search for durable means to harmonize sovereignty and self-determination
in postcolonial Africa.
Constitution. The case involved a claim by the Reconstruction government of Texas
that US bonds owned by Texas since 1850 had been illegally sold by the Confederate
state legislature during the American Civil War. In White, the Court held that, because
there is no right to unilateral secession under the US Constitution, Texas and the ten
other states, which seceded to form the Confederate States of America, never left the
Union during the civil war. The ten states, with Texas, nicknamed Dixie, in alphabetical
order, were: Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina,
South Carolina, Tennessee, and Virginia. See Emory M. Thomas, The Confederate Nation,
1861–1865 (New York: Harper & Row, 1979). Accordingly, US Treasury bond sales by
Texas during the war, originally owned by pre-war Texas, were invalid, and the bonds
were therefore still owned by the postwar state. The Court reasoned, with one justice
dissenting, that the US “never was a purely artificial and arbitrary relation.” 74 U.S.
700, p. 726. “When […] Texas became one of the United States, she entered into an
indissoluble relation. All the obligations of perpetual union, […] attached at once to
the State. The act which consummated her admission into the Union was something
more than a compact; it was the incorporation of a new member into the political body.
And it was final. The union between Texas and the other States was as complete, as
perpetual, and as indissoluble as the union between the original States. There was no
place for reconsideration or revocation, except through revolution or through consent of
the States.” Ibid.
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Organization of This Book
In state after state, the major problem Africa faces in the first quarter
of the twenty-first century is insurgencies against a central government.
Many of these insurgencies are rooted in struggles for self-determination,
either internally for devolution of powers or externally as a separate
country. Yet, compared to other world regions, chances for peaceful,
nonviolent self-determination campaigns are slim in Africa. Of the 40
countries admitted as members of the UN since the fall of the Berlin
Wall in 1989, only three, representing over 7 percent of the total, are
from Africa—each preceded by protracted and violent campaigns for independence. Thus, this book proposes blueprints, embedded in conflict
resolution, including constitutional means, for navigating the tension
between sovereignty and self-determination in postcolonial Africa; by so
doing, it contributes to existing knowledge on “the meaning, process,
and effects” of the self-determination doctrine, in its intersection with
sovereignty.126
This book comprises eight chapters, broken into three parts, two chapters in Part I and three each in Parts II and III. First the parts followed
by the chapter-to-chapter descriptions. Part I is dedicated to threshold
matters, including the argument of the book and its organization, conceptual framework, and delineation of the intricacies of the tension between
sovereignty and self-determination, illustrated with examples drawn from
six regional and global human rights instruments. Part II collects the
case studies of three scenes across three subregions of Africa engulfed
in self-determination struggles: Ethiopia in East Africa where the right to
self-determination is constitutionalized; Nigeria in West Africa, involving
the longest struggle for self-determination where, still, for some reason,
that right is not constitutionalized; and Cameroon, straddling West Africa
and Central Africa, where a longstanding issue of power devolution
metamorphosed into campaign for the right to self-determination.
Between them, the case studies embody five self-determination
campaigns: Eritrea and Tigray in Ethiopia; Biafra 1 and Biafra 2 in
Nigeria; and Ambazonia in Cameroon. In Biafra 1, the self-determination
struggle overlapped a civil war and the entity that conducted that
campaign was a bona fide government, the same way it was in Tigray
more than half a century later. As this book goes to press, three of
126 See Alexander and Friedlander, note 9, p. xiv.
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1
ARGUMENT
39
the campaigns, Eritrea, Tigray, and Biafra 1, are concluded, leaving two,
Biafra 2 and Ambazonia, still ongoing. However, except for Eritrea, where
not properly addressed, supposedly concluded campaigns can recur in the
future—as Biafra 2, the unresolved agitation of the Igbo nearly 30 years
after Biafra 1, demonstrates.127
Part II unearths the proposition of this book anchored on the necessity of constitutionalizing the group human right of self-determination
as a point of departure in resolving the conflict between sovereignty
and self-determination. Part III complements and completes the previous
two parts. It embodies the projected solutions to the tension between
sovereignty and self-determination at the heart of this book, including
object lessons from the case studies, and the blueprints.
Next chapter by chapter, this chapter, the foregoing, embodies the
argument of the book, including the evidence of the rifeness of selfdetermination conflicts in Africa of a magnitude that contradicts the
claim of a “secessionist deficit” in the academic literature; the case from
Nigeria involving the extraordinary rendition and indefinite detention of
the leader of a secessionist movement in that country for using the right
to self-determination presented as a textbook example of the problem
this book addresses; the intersection of International Law, Constitutional
Law, and conflict resolution from the prism of the three case studies of
the book; and the plan of the book summarized here. With respect to
the argument, topics covered include the troublesome tension between
sovereignty and self-determination at the heart of the book and a caveat
that the overall merit of the book does not singularly hinge on this strand
of argument; statement on statecraft in postcolonial Africa pertaining to
the right to self-determination in its interaction with sovereignty and
inconsistent application of that right in global institutions; contribution
of the work revolved around the debate against absolutizing sovereignty
in Africa; and juxtaposition of the three countries that form the case study
in this book on a set of key indicators bearing on the intersection among
sovereignty, self-determination, and conflict resolution.
127 An idea from US jurisprudence that springs to mind here would be cases “capable
of repetition, yet evading review,” a recognized exception to the doctrine of mootness in
the US judicial system. An example of this exception would be a pregnant woman’s constitutional challenge to an abortion regulation. In Roe v. Wade, 410 U.S. 113 (1973), the
US Supreme Court stated that “pregnancy provides a classic justification for a conclusion
of non-mootness.” Ibid.
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Chapter 2 sketches the conceptual framework of the book comprising
two main elements, namely, indicators of the tension between sovereignty
and self-determination tied to the three countries under examination
in this book and elaborated by six human rights instruments; and the
nature of the relationship between sovereignty and self-determination,
the complementary doctrines of International Law that form the center
of gravity of the work. There are two takeaways from the chapter. One,
going to the argument of this book delineated in this chapter, is that,
although important, identification of the tension between sovereignty
and self-determination in Africa that this book embodies does not by
itself exhaust the message of this book separate from proposals designed
to navigate the tension or its overall merit. The second, anticipating
the peaceful resolutions formulated in Chapter 7 is that, in its early
evolution, sovereignty assumed a more harmonious relationship with selfdetermination than its strict application today in Africa focused exclusively
on territorial integrity makes out.
Tracking the relationship between International Law and Constitutional Law, laced in conflict resolution, central to this book, Chapter 3
focuses on Ethiopia, the state whose constitution, adopted in the aftermath of the demise of military-rule socialism in the land and the independence of Eritrea, entrenched the right to self-determination. Chapters 4–5
shift the searchlight to Nigeria and Cameroon, respectively, two countries
whose constitutions lack such entrenchment. Between the two countries,
Nigeria should have led the way, but failed to, in constitutionalizing the
right to self-determination due to its experience with Biafra from 1967 to
1970. Ethiopia institutionalized the right immediately after its civil war.
Why did Nigeria fail to do so after its own civil war? These are among the
issues explored in Chapter 4, the case study on Nigeria. Meanwhile, the
determination to use the right of self-determination in these two countries, joined with the equally strong commitment of central governments
to territorial integrity shows the level of unfinished business, in the light
of the constitutionalization of the right to self-determination in Ethiopia
the international community confronts.
Beginning the search for answers that form the thrust of this book,
Chapter 6 assembles the object lessons gleanable from the case studies of
the three countries. The lessons inform and complement the blueprints in
Chapter 7. One lesson is the privilege of sovereignty at the expense of the
right to self-determination, whether self-determination was entrenched as
a right in a constitution or not. The lesson raises a question regarding
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ARGUMENT
41
the utility of constitutionalization. The answer to that question, anticipating the resolutions by midcentury of Chapter 7 is that, based on
the lone experience with post-socialist Ethiopia since 1995, constitutionalization of the right to self-determination is only a necessary but not
sufficient condition for the enjoyment of that right. Ethiopia also shows
the possible influence of unforeseen forces embedded in the shifting
dynamics of ethnic power relations in the period following constitutional
entrenchment of the right to self-determinization.128
Chapter 7 assembles small-steps-to-peace proposals,129 denominated
blueprints, aimed at harmonizing the two complementary doctrines
of sovereignty and self-determination by midcentury. Three entities to
whom those blueprints are addressed are groups spoiling to use the right
to self-determination, an aloof central government determined to curtail
or stop such usage, and a variegated international community (made up
of the UN and its agencies, former colonial overlords, and major Western
and non-Western powers) caught in the crossfire. The book provides
a reasoned explanation to the intriguing question as to why, despite
entrenching the right to self-determination in its post-socialist constitution, the conflict between sovereignty and self-determination remains as
real in Ethiopia as in Nigeria and Cameroon.
By propounding proposals for redressing the troublesome disharmony
between sovereignty and self-determination in postcolonial Africa, this
book simultaneously contributes to four distinct genres of academic literatures, each imbued with immense comparative significance in the light
of the teachable lessons it holds for regions beyond Africa:
128 See Felix Bethke, “Civil War in Ethiopia. The Instrumentalization and Politicization of Identity,” PRIF [Peace Research Institute Frankfurt] Blog (December
23, 2021), https://blog.prif.org/2021/12/23/civil-war-in-ethiopia-the-instrumentaliza
tion-and-politicization-of-identity/.
129 See Dekha Ibrahim Abdi and Simon J. A. Mason, Mediation and Governance in
Fragile Contexts: Small Steps to Peace (Boulder, CO: Lynne Rienner Publishers, 2019)
(promoting inclusive and effective conflict responses that manage shocks peacefully by
bridging short-term mediation with medium-term peace committee structures and longterm peace policy work). The approach here is deliberately contrasted from grand theories,
highly abstract formulations where, supposedly, every phenomenon under investigation is
slotted into “a wider theoretical scheme,” such that everything is explained and nothing
is left out. See C. Wright Mills, The Sociological Imagination (New York: Oxford University Press, 1959); and Derek Gregory, “Grand Theory,” in The Dictionary of Human
Geography, 5th Ed., eds. D. Gregory et al. (London: Wiley-Blackwell Publishing, 2009),
315–316.
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42
P. C. AKA
• the debate on the ever-evolving nature of sovereignty,
• the debate related to continuing barriers in Africa and globally
to legitimate exercise of the right to self-determination that some
commentators rightly equate to underdevelopment of the doctrine
in this world region,
• studies on the constitutionalization of the right to selfdetermination, and
• broad-ranging, garden-variety, studies on conflict resolution in the
post-Cold War era.
Two factors lend urgency and exigency to the proposals it makes. First,
barring harmonization in Africa of the International Law doctrines of
sovereignty and self-determination, the talk about moving the world from
declaring human rights to implementing these rights, from international
norms to local reality in the enjoyment of human rights,130 and, overall,
from translating numerous national and international human rights laws
into operational policies that work for citizens within the context of finite
budgetary allocations,131 will remain mere talk. This is especially true
given the economic vulnerability of many African countries in an interdependent world.132 Second, in their seminal work on the intersection of
international law and constitutional law, Ginsburg and Versteeg observed
that “there [is] a dearth of theory on how different constitutional design
choices affect secessionist disputes.”133 This book contributes to knowledge on the influence of different design choices on secessionist disputes,
130 See discussion in Chapter 7 on the small-steps-to-peace blueprints.
131 See Aka et al., The Political Economy of Universal Healthcare in Africa, note 67,
p. 5 (citing Paul Hunt, UN Special Rapporteur on the Right to Health from 2002 to
2008).
132 During a face-to-face meeting on September 16, 2022, in Samarkand, Uzbekistan, with Russian President, Vladimir Putin, Indian Prime Minister Shri Narendra Modi
expressed concerns regarding the negative impacts of the war between Russia and Ukraine
on global food and energy security. He reportedly stated, “Today’s era isn’t of war and
I have spoken to you about it on the call. Today we’ll get the opportunity to talk about
how we can progress on the path of peace.” See “‘Today’s Era is Not of War,’ PM
Modi Tells Putin During Bilateral Meeting,” Siasat Daily (Telangana, India) (September
16, 2022), https://www.siasat.com/todays-era-is-not-of-war-pm-modi-tells-putin-duringbilateral-meeting-2414503/.
133 Ginsburg and Versteeg, note 111, p. 928.
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ARGUMENT
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using as window into the world one country in Africa which entrenches
the right to self-determination in its constitution and two which do not.
Chapter 8, the book’s conclusion, ties together the achievements of the
work, coupled with a statement on prospects for the future pertaining to
this topic. This includes introspective inquiries by international lawyers
on the doctrinal state of the right to self-determination in the wake of
the referendum on independence in South Sudan in July 2011, eighteen
years after an earlier one in Eritrea, both arrived at after protracted bloody
struggles.134
134 See Timothy Waters, “Let His People Go: Sudan’s Lesson for Secession,” EJIL:
Talk! (Blog of the European Journal of International Law) (January 24, 2011), https://
www.ejiltalk.org/let-his-people-go-sudans-lesson-for-secession/ (arguing for recognition of
the right to self-determination as a matter of International Law doctrine); Stephen Tierney,
“Referendums Today: Self-determination as Constituent Power?” EJIL: Talk! (February 9,
2011), https://www.ejiltalk.org/sudans-lesson-for-secession-a-comment/ (arguing mostly
similarly, particularly in the light of “a subtle re-balancing of emphasis away from the
inevitable default of territorial integrity” toward self-determination observable today); and
Dapo Akande, “The Newly Independent State of South Sudan—Should We Rethink the
Right to Secession?” EJIL: Talk! (July 15, 2011), https://www.ejiltalk.org/the-newly-ind
ependent-state-of-south-sudan/ (taking the position that the 1964 resolution by the then
Organization of African Unity, committing member states of the organization to respect
colonial boundaries, see note 74 and accompanying text, did not rule out the possibility of
changes in those colonial boundaries, achieved through inter-State adjustments or through
the granting of independence by States to particular parts of the State).
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Appendix A to Chapter 1: Loci
of Separatist Movements in Africa
Item Country
no.
Name of separatist
movement
Ethnic group
or related
entity
Timeframe Goal
1.
Algeria
Movement for the
autonomy of
Kabylie (MAK)
Berber or
Kabyle
people
Since
2001
Internal
self-determination
(autonomist)
2.
Angola
Front for the
Liberation of the
Enclave of Cabinda
(FLEC);
Independent
Movement of
Cabinda (MIC);
União dos
Cabindenses para a
Independência
(UCI)
Ambazonia;
Bakongo
Since
about
1963
Independence
Bakongo
Since
2018
Independence
Bakongo
Since
2018
Independence
Multiple
Since
ethnic groups 2017
in Southern
Cameroon;
Oron
Since
2006
Independence
Central
African
Republic
(CAR)
Comoros
Anjouan People’s
(pop. 869,601 Movement;
in 2020)
Mohéli
CAR
Muslims
Circa
2012
Probably
independence
Anjouan
Since
1997
Independence
Mohéli
Independence
6.
Republic of
the Congo
Republic of Congo
Central
Since
1997
Circa
2012
7.
Democratic
Republic of
the Congo
(formerly
Zaire)
Katanga
Bakongo
(Alliance of
the Bakongo)
Baluba (or
Circa
Luba people) 1977
3.
4.
5.
Cameroon
Bakassi Movement
for
Self-Determination
(BAMOSD)
Dar El Kuti
(Séléka)
Independence
Independence
Independence
(continued)
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ARGUMENT
45
(continued)
Item Country
no.
Name of separatist
movement
Ethnic group
or related
entity
Timeframe Goal
8.
Equatorial
Guinea
Bubi
1993
9.
Ethiopia
Movement for the
Self-Determination
of Bioko Island
Afar;
Ogaden;
Tigray;
Afar
Somali
Tigray
Oromo
Oromo
Western Togoland
Restoration Front
Cyrenaica
Transitional Council
(CTC)
Azawad National
Liberation
Movement
Caprivi Liberation
Army (CLA)
Biafra
(1967–1970);
Biafra (post-1970);
Ewe
1993
Independence
Post-2015 Independence
2020
Probably
autonomist
2020
Probably
autonomist
2019
Independence
Cyrenaica
2012
Independence
Tuareg
2011
Independence
Lozi
1994
Independence
Igbo
Independence
Oduduwa; and
Yoruba
Movement for the
Emancipation of
the Niger Delta
(MEND)
Association for the
Promotion of
Batwa
Casamance
Orania Movement;
Cape Republic; and
Zululand,
respectively
Cape Republic; and
Zululand,
respectively
Sudanese Liberation
Front (and Army);
Ijaw
1967–
1970
Since
1999
Since
1999
Since
1999
Twa
1993
Autonomist
Diola
Afrikaners
1982
1991
Independence
Independence
Afrikaners
Zulu
2007
1994
Independence
Independence
Fur, Masalit, 2002
and Zaghawa
Independence
10. Ghana
11. Libya
12. Mali
13. Namibia
14. Nigeria
15. Rwanda
16. Senegal
17. South Africa
18. Sudan
Igbo
Independence
Independence
Independence
Autonomist
(“resource
control”)
(continued)
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46
P. C. AKA
(continued)
Item Country
no.
Name of separatist
movement
Ethnic group
or related
entity
Timeframe Goal
Nuba, and
Kordofan
Nilotic
Islamic
militant
group
Acholi
2011
Probably
autonomist
19. Somali
Sudan People’s
Liberation
Movement-North
Al-Shabaab
Circa
2004
Independence
1981
Independence
Sahrawi
1973
Independence
Lozi
Circa
2010
Circa
1983/84
Independence
20. Uganda
21. Western
Sahara
22. Zambia
23. Zimbabwe
Lord’s Resistance
Army (LRA)
Maghreb region
in-between
Morocco and
Mauritania (owned
by Spain)
Barotse
Mthwakazi
Liberation Front
(MLF)
Shona and
Ndebele
(Matabeleland)
Autonomist
Sources Adapted from multiple sources, including Oyewole Oginni, “The Rise of
Separatism in Africa: Possible Consequence of Russia’s Recognition of Separatist
Regions in Eastern Ukraine,” OWP: The Organization for World Peace (February 26,
2022), https://theowp.org/reports/the-rise-of-separatism-in-africa-possible-consequenceof-russias-recognition-of-separatist-regions-in-eastern-ukraine/; Nkasi Wode, “The U.S.
Should Not Designate Nigeria’s IPOB a Terrorist Group,” Council of Foreign Relations (February 10, 2022), https://www.cfr.org/blog/us-should-not-designate-nigeriasipob-terrorist-group; John Campbell and Nolan Quinn, “What’s Behind Growing Separatism in Nigeria?” Council on Foreign Relations (August 3, 2021), https://www.
cfr.org/article/whats-behind-growing-separatism-nigeria; “[Ten] Separatist Movements
in Africa,” World Atlas, https://www.worldatlas.com/articles/10-separatist-movementsfrom-africa.html; “Separatism in Africa: Exploring Colonial Legacies,” DW (December
3, 2020), https://www.dw.com/en/separatism-in-africa-exploring-colonial-legacies/a-558
05551; Oluwatosin Adeshokan, “Slouching Toward Secession in Nigeria,” Foreign
Policy (February 15, 2019), https://foreignpolicy.com/2019/02/15/slouching-towardsecession-in-nigeria; John Campbell, “Secession Movements Raise Tensions in Nigeria
and Cameroon,” Council on Foreign Relations (last updated October 12, 2017),
https://www.cfr.org/blog/secession-movements-raise-tensions-nigeria-and-cameroon; and
Eric Hoff, “Is Africa’s Oldest Country Falling Apart,” The Perspective (December
15, 2016), https://www.theperspective.se/2016/12/15/uncategorized/is-africas-oldestcountry-falling-apart/
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ARGUMENT
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Appendix B to Chapter 1: New States
Admitted to UN Membership Since
the Fall of the Berlin Wall in 1989
Item
No.
Country
Former
colonial
overlord or
name of
former
country
Date of UN UN
admission
resolution
Whether
independence
was achieved
peacefully or
violently
1.
Namibia
South Africa
April 29,
1990
Violently
2.
Liechtenstein
3.
Ukraine
Not
applicable
Soviet Union
4.
Not
applicable
Not
applicable
Spain and
Germany
7.
Democratic
Republic of Korea
(North Korea)
Republic of Korea
(South Korea)
Federated States
of Micronesia
(Micronesia)
Marshall Islands
Sept. 18,
1990
Aug. 24,
1991
Sept. 17,
1991
Spain
8.
Belarus
Soviet Union
9.
Estonia
Soviet Union
10.
Latvia
Soviet Union
11.
Lithuania
Soviet Union
12.
Kazakhstan
Soviet Union
13.
Armenia
Soviet Union
Mar. 2,
1992
14.
Kyrgyzstan
Soviet Union
Mar. 2,
1992
5.
6.
SCR 652,
GAR S-18/
1
SCR 663,
GAR 45/1
Peacefully
Peacefully
SCR 702,
GAR 46/1
Peacefully
Sept. 17,
1991
Sept. 17,
1991
SCR 702,
GAR 46/1
SCR 703,
GAR 46/2
Peacefully
Sept. 17,
1991
Sept. 17,
1991
Sept. 17,
1991
Sept. 17,
1991
Sept. 17,
1991
Mar. 2,
1992
SCR 704,
GAR 46/3
Peacefully
Peacefully
Peacefully
SCR 709,
GAR 46/4
SCR 710,
GAR 46/5
SCR 711,
GAR 46/6
SCR 732,
GAR
46(224)
SCR 722,
GAR
46(227)
SCR 736,
GAR
46(225)
Peacefully
Peacefully
Peacefully
Peacefully
Peacefully
Peacefully
(continued)
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48
P. C. AKA
(continued)
Item
No.
Country
Former
colonial
overlord or
name of
former
country
Date of UN UN
admission
resolution
Whether
independence
was achieved
peacefully or
violently
15.
Uzbekistan
Soviet Union
Mar. 2,
1992
Peacefully
16.
Tajikistan
Soviet Union
Mar. 2,
1992
17.
Moldova
Soviet Union
Mar. 2,
1992
18.
Turkmenistan
Soviet Union
Mar. 2,
1992
19.
Azerbaijan
Soviet Union
Mar. 2,
1992
20.
San Marino
Not
applicable
Mar. 2,
1992
21.
Croatia
Yugoslavia
May 22,
1992
22.
Slovenia
Yugoslavia
May 22,
1992
23.
Bosnia and
Herzegovina
Yugoslavia
My 22,
1992
24.
Georgia
Soviet Union
July 31,
1992
25.
Czech Republic
Not
applicable
Jan. 19,
1993
26.
Slovakia
Not
applicable
Jan. 19,
1993
27.
Former Yugoslavia Yugoslavia
Rep. of
Macedonia (North
Macedonia)
April 8,
1993
SCR 737,
GAR 46/
226
SCR 738,
GAR 46/
228
SCR 739,
GAR 46/
223
SCR 741,
GAR 46/
229
SCR 742,
GAR 46//
230
SCR 744,
GAR 46/
231
SCR 753,
GAR 46/
238
SCR 754,
GAR 46/
236
SCR 755,
GAR 46/
237
SCR 763,
GAR 46/
241
SCR 801,
GAR 47/
221
SCR 800,
GAR 47/
222
SCR 817,
GAR 47/
225
Peacefully
Peacefully
Peaceful
Peacefully
Peacefully
Violently
Peacefully
Violently
Peacefully
Peacefully
Peacefully
Peacefully
(continued)
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ARGUMENT
49
(continued)
Item
No.
Country
Former
colonial
overlord or
name of
former
country
Date of UN UN
admission
resolution
Whether
independence
was achieved
peacefully or
violently
28.
Eritrea
Ethiopia
May 28,
1993
Violently
29.
Monaco
France
May 28,
1993
30.
Andorra
31.
Palau
32.
Kiribati
France and
Spain
Not
applicable
UK
33.
Nauru
UK
34.
Tonga
UK
35.
Tuvala
UK
36.
Yugoslavia
37.
Fed. Rep. of
Yugoslavia (Serbia
and Montenegro)
Switzerland
July 28,
1993
Dec. 15,
1994
Sept. 14,
1999
Sept. 14,
1999
Sept. 14,
1999
Sept. 5,
2000
Successor
state
SCR 828,
GAR 47/
230
SCR 829,
GAR 47/
231
SCR 848,
GA 47/232
SCR 963,
GAR 49/63
SCR 1248,
GAR 51/4
SCR 1249,
GAR 54/2
SCR 1253,
GAR 54/3
SCR 1290,
GAR 55/1
SCR 1326,
GAR 55/12
East Timor
Sept. 10,
2020
Sept. 27,
2002
SCR 1426,
GAR 57/1
SCR 1414,
GAR 57/3
Peacefully
38.
39.
Montenegro
Not
applicable
Portugal
(1975) and
Indonesia
(2002)
Yugoslavia
June 28,
2006
Peacefully
40.
South Sudan
Sudan
July 14,
2011
SCR 1691,
GAR 60/
264
SCR 1999,
GAR 65/
308
Peacefully
Peacefully
Peacefully
Peacefully
Peacefully
Peacefully
Peacefully
Peacefully
Violently
Violently
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