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Netherlands/Holland Aliens Act 2000 is nothing short of crime against humanity. |
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16 Feb, 2011 | Author: Andre J-Salakov
IT IS NOT as if the so-called British Commonwealth of Nations is an association of equal partners. It is not as members share a common wealth or common goal or common destiny. It is not as if the host nation; namely, the United Kingdom practises what it preaches in the area of human rights and humanitarian law. It is not as if the British Commonwealth of Nations plays any useful role in the world today. And it is not as if the world takes any notice of what the Commonwealth represents.
The issue for determination is whether the United Kingdom, which hosts the Commonwealth is insincere in her dealings with other members of the Commonwealth. Where justice prevails connection collapses. Where freedoms of movement, of association, speech, and of religion prevail, sovereignty is only a figment of the imagination.
Of all the member states of the Commonwealth, Nigeria is one country that should, as a matter of priority, consider pulling out of this meaningless, pointlless association.
Nigeria Independent Act 1960
Clever use of words and diplomacy are a feature that set the Britons of yesterdays and of this day and age apart from other members of the human race. The British political establishment and its senior partner, the judiciary, is good at what it does best. What it does best is the application of semantics in the ordinary course of person-to-person, government-to-government, and governmen-to-people relationships to deceive those who have no time to apply inductive or deductive reasoning in evaluating events and circumstances as they happen.
According to the British government (pursuant to the Nigeria Independent Act 1960) “The following persons are citizens of Nigeria — (a) every person born in Nigeria before the date of independence, either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to Nigeria “
“Provided that a person shall not become a citizen of Nigeria by virtue of this section if neither of his parents nor any of his grandparents was born in Nigeria;”
“b”) every person born in Nigeria after the date of independence either of whose parents or any of whose grandparents is a citizen of Nigeria; and
“c”) every person born outside Nigeria either of whose parents is a citizen of Nigeria”
1999 Constitution of Nigeria
The whole purpose of Article 25 of Chapter III of the Nigeria Independent Act 1960 (above), is to keep Nigerians and any person who has any connection with Nigeria out of the political, social, economic, cultural and legal life of the United Kingdom.
In a very cunning sort of way the British government achieved this purpose when it repealed the British Nationality Act 1948 and replaced it with British Nationality Act 1981.
Whereas any parliament anywhere on this God’s earth can repeal any piece of law or statutory provision but no parliament on earth can repeal the consequences that a piece of law created during its exitence. Thus, it is not possible to “unimprison” someone who was imprisoned under a law that has since being repealed.
The British judicial and political establishments are clever but this is a piece of legal reasoning that defeats them, without their jaws being broken.
The compositors of 1999 Constitution of Nigeria simply copied Article 25 of the Independent Act 1960 and pasted it on to the 1999 Constitution, without any clear understanding of its implications.
The colonial mindset
Most of the British ex-colonies respect the English legal system but I would argue that any ex-colony that treats the English legal system as Divine does not deserve a place in the community of civilised peoples.
The poitical and judicial establishments of the United Kingdom do not have any respect for Nigeria. This point goes without saying. The British police would put on trial any Nigerian minister, parliamentarian, civil servant, even judges, if they step out of line and if they accidentally catch a flight to London.
But lawyers, politicians, ministers and even judges are scared to determine issues that affect the British government, if and when any such issues are brought to the notice of the courts in Nigeria.
How much longer can an ex-colony attach itself to the apron of her colonial master? The Federal Government of Nigeria and those institutions that function under the auspices of that government need to grow up. No human being is too superior or “divine” to be a master of others.
Nigerian courts should not be scared to sit on judgment on UK if UK or any agency under her auspices violates the Universal Declaration of Human Rights or any other Covenant on Civil or Political Rights. Every human being bleeds in red blood.
British High Commission and downright dishonesty
It is a well known fact that some members of the British Commonwealth are allowed to visit UK, for up to 6 months without having to apply for a visa beforehand.
In the case of Nigerians, the conditions that are imposed on those seeking leave to enter, are downright dishonest. Such persons are required to submit proof that they have 2 to 5 million naira, in addition to a host of other ridiculous conditions. More often than not, monies paid to the British High Commission are swallowed up – no refunds. This kind of consular behaviour devalues the integrity of the British government. It has to stop.
Category Federal High Court of Nigeria, Human Rights, NIGERIA
(Andre John-Salakov/Public Law Centre/Public Defender Service/Lawyers Without Frontiers)
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