Human Rights Lawyer, Femi Falana (SAN) has warned Nigeria against entering into what he described as illegal agreements worth billions of dollars with foreign countries that may be challenged and set aside.
Falana was speaking at a news conference in Abuja on the decision of the people of Western Sahara to challenge the “illegal” importation of tons of phosphates and other natural resources from the their country into Nigeria by Morocco.
He said that Nigerian government must be weary of agreements and treaty it signed with Morocco as such violates the rights of the Saharawi people.
He disclosed that none of the treaties and agreement signed between Nigeria and Morocco is enforceable in the country as the Nigerian government has not deposited same with the National Assembly to adopt and enact them into law as required by section 12 of the Nigerian constitution.
He warned on parties entering into such agreements to immediately cancel them and “respect the human rights of the people of Western Sahara to enjoy their natural resources as recognized by article 20 and 21 of the African charter on human and peoples rights.”
He said: “We are going to start with Nigeria because currently, tons of phosphates are being imported into the country from Western Sahara on the basis of illegal agreements entered into between the Federal Republic of Nigeria and the Kingdom of Morocco as well as certain companies. We are warning such parties and we are alerting them of the decision of the people of Western Sahara to defend their rights to their resources.
“The government of Nigeria has not; until now deposited any of the bilateral agreements entered into with the Kingdom of Morocco with the National Assembly. By virtue of section 12 of the Nigerian constitution, no treaty or agreement between another country and Nigeria can be enforced without same being adopted and enacted into law by the National Assembly.
“We are warning the government of Nigeria that is still battling with the award of $9.6 billion by an artibtration tribunal in the United Kingdom. We are drawing the attention of Nigeria to the illegal agreements worth billions of dollars that may also be challenged and set aside.”
Addressing the news conference earlier, former National President of the Academic Staff Union of Universities (ASUU) and National Coordinator of the Nigerian Movement for the Liberation of Western Sahara, Dr. Dipo Fashina said the movement was “determined to bring to book, all companies in Nigeria currently receiving phosphates stolen by the Kingdom of Morocco from Western Sahara to produce fertilizer.”
Fashina said that the legal option was one of the many steps to ensure that Nigeria does not continue to be a receiver of stolen goods ad make profit from such “unholy theft”.
He said “this Movement supports the development of Nigeria, but not with stolen resources. We insist that although our country needs fertilizer, but not that produced with the blood of our brothers and sisters in Western Sahara. About this, we are definite.
“This principle is planted in the Nigerian culture of non-exploitation of other peoples and defender of colonized peoples as we did in the struggle for the liberation of countries like Guinea Bissau, Mozambique, Angola, Zimbabwe, Namibia and South Africa.
“Nigerians are freedom-loving peoples, not accomplices of leaders of a country like Morocco who against all known tenets of African brotherhood, religious obligations and social justice, would invade and occupy a member country of the African Union, dehumanize its people and plunder its resources which it sells to European Union (EU) countries and companies in Nigeria.
“We put all those dealing in stolen Western Sahara natural resources including their fishes on notice that they cannot continue to do business as usual. After giving this notice to the Nigerian companies dealing in stolen Western Sahara resources, we will picket them across the country and bring them before our courts.
“This also includes super markets selling sardines and fishes from Morocco because 92 percent of these fishes are stolen from the Western Sahara coast.”
Fashina said the Moroccan monarchy and leadership should be called to order and brought to book for gross human rights violations in Western Sahara, while the consent and permission of the Saharawi people through the SADR government must be secured before the natural resources of the country is utilized or traded in any form.
He also asked the African Union to defends its member SADR by giving Morocco a timeline to vacate Western Sahara and if it fails, to expel and impose stiff sanctions against it as we did to Apartheid in South Africa, while the United Nations should expand the mandate of the UN Mission for the Referendum in Western Sahara (MINURSO) to include human rights violations so its Mission can protect the Saharawi people.
He also wants the Moroccan government prevailed upon to vacate the parts of Western Sahara it is occupying and allows the Saharawi people, like other Africans and peoples of the world to freely govern themselves and develop their country without any interference.