The Force Majeure and the 16 March 2021 breakthrough!


90 days ago, NINAS declared the 1999 Nigeria Constitution a Force Majeure and requested a response from the Nigeria Government by today. The government has not done so. In law, this is conduct tantamount to acquiescence. In other words, the Nigeria Government agrees with NINAS that the 1999 Constitution is a Force Majeure. This is a big deal.
The question now is what next? One, NINAS should immediately write to the Nigeria Government indicating that it accepts the government’s silence as evidence of acquiescence, and that the government should immediately announce the mechanism by which it would return the country to the 1963 Constitution. Two, NINAS should immediately inform the UN General Assembly, and separately members of the UN Security Council (collectively as well as individually), that it had declared the 1999 Constitution a Force Majeure, that the Nigeria Government had acquiesced to it by silence and that Nigeria therefore would be returning to the 1963 Constitution. Three, NINAS should embark on a media blitz across the world informing the world powers (particularly UK and US) that Nigeria will be returning to the 1963 Constitution.
Those who like the Yoruba desire self-determination should use Nigeria’s acquiescence to the Force Majeure to make formal applications to the UN for membership pursuant to Rule 58 of the provisional rules of procedure of the Security Council and Rule 134 of the Rules of procedure of the General Assembly.
In case Nigeria contemplates force against NINAS, UN Charter Chapter VII prohibits a Member State from using force against a non-member not recognised as a state. General Assembly Resolution 3314 [XXIX] of 14 December 1974 empowers the Security Council to intervene.