It is the duty of contracting parties to carry out due diligence, if anybody or group of persons anywhere under any façade or frontage think he can tamper with the sovereignty of a country such individual or group should rethink. The government reverts to the citizens to validate her sovereignty every four years, the power donated to the government is not absolute and the people will only be liable for legitimate contracts of government.
There is a need to shed a little light on the doctrine of sovereignty in view of the state of our nation, Nigeria.
Sovereignty remains a fundamental and an inalienable right of every citizen. Section 2 (1) of the 1999 constitution of the Federal Republic of Nigeria as amended states that, Nigeria is one indivisible and indissoluble sovereign nation to be known by the name of the Federal Republic of Nigeria. Whereas Section 14 (2)(a) states that, it is hereby, accordingly, declared that sovereignty belong to the people of Nigeria from whom the government through this constitution derives all its powers and authority and (b) went further to say therefore the security and welfare of the people shall be the primary purpose of government. The question as to who owns sovereignty is settled beyond peradventure from these provisions.
However there is a need to state that sovereignty like other fundamental human rights is the natural endowment of all human beings. Sovereignty simply means the authority to rule or control a territory which dates back to the story of the biblical Adam of the Holy Bible whom God after creation blessed and gave dominion over all things. The word dominion is another word for sovereignty, it is the authority to control and rule one's territory. So, the sovereignty of every human being is as old as creation, it is innate and inalienable right, indeed the foremost of human rights. Sovereignty is the fundamental right that guarantees the enjoyment of other fundamental human rights, it is only a man who has territory and in charge of the territory that can cry of violation.
The government is only a beneficiary of the sovereignty of the citizens and the citizens must always remember this enormous endowment of nature. Franchise is the expression of the sovereignty of the citizens which is the right to vote or participate in an election. It is the personal possession of every citizen hence the government or interested political aspirant goes out during election to seek it from the citizens personally. Therefore the art of voting either by thumb printing a ballot paper or otherwise is actually the art of authorisation of a leader or donating sovereignty to a body other than the original owner for specific functions.
It cannot be construed therefore, that the power donated to the government included that of parting with the personal possession (sovereignty) of the people without their knowledge. Any act of government that purports to part or tamper with the sovereignty of the people without at least a referendum will be ultra vire the power donated to the government. For instance, where the government is interested in the property of an individual or community for overriding public interest such person or community has the right to notice and compensation. The irrefutable fact remains that you cannot give what you do not have, sovereignty belongs to the people of Nigeria. Elected leaders swore to defend the constitution and the sovereignty and the functions of government are explicit, it does not include tampering with the sovereignty of the people. I think this is in accordance with the principle of interpretation exressio unius est exclusio alterius meaning, in the interpretation of statute one thing having been expressly mentioned exclude the other not mentioned. More so is the maxim delegatus non potest delegare a delegatee of power cannot sub delegate that means, the sovereignty Nigeria citizens gave to government cannot be sub delegated or donated to another nation under any guise, facade or frontage.
Government and foreign loans
The Federal Government has right to take both domestic and foreign loans however the combine effect of Section 21(1)(2)(3) and (4) of the Debt Management Bureau ( Establishment) Act is that the loan must be in accordance with the terms and conditions approved by the National Assembly and that the terms and conditions approved by the National Assembly shall be the basis for the negotiation and acceptance of external loans and Section 19 is unequivocal to the effect that any loan obtained in defiance, violation, not in conformity or compliance with the provisions of the Act shall not be binding on the Federal government. The law envisages where some obsessive individuals under some smokescreen will obtain certain loans and has taken further steps to state the basis of every loan negotiation.
It is the duty of contracting parties to carry out due diligence, if anybody or group of persons anywhere under any façade or frontage think he can tamper with the sovereignty of a country such individual or group should rethink. The government reverts to the citizens to validate her sovereignty every four years, the power donated to the government is not absolute and the people will only be liable for legitimate contracts of government.
Vincent Otuedon is a human activist, President/Founder, Liberty Harbingers Network