CONTINUED FROM LAST WEEK.
Section 3:
‘(1) The service authorities of a contracting party may take such measures as they deem necessary to ensure the security of the equipment, poverty, records and official information of the forces of that contracting party or of authorized service organization accompanying those forces.
‘(2) The authorities of the contracting party within whose territory a visiting force is present will cooperate with such steps as from time to time may be necessary to ensure the security of the forces of that other, of members of those forces or civilian component and of dependants and their property.
‘(3) Each contracting party shall seek such legislation as it deems necessary to ensure the adequate security and protection within its territory of installations, equipment, property, records and official information of the other, and the punishment of persons who may contravene laws enacted for that purpose.’
Section 5 (1):
‘Subject to compliance with the formalities established by a contracting party relating to entry and departure members of a visiting force shall be exempt from passport and visa regulations and immigration or emigration control or inspection on entering or leaving the territory of that contracting party. They shall also be exempt from regulations on the registration and control of aliens, but shall not be considered as acquiring any right to permanent residence or domicile in the territory of that contracting party.’
Section 8 (3 and 4):
‘(3) Service vehicles, that is to say, vehicles, including hired vehicles, which are exclusively in the service:
- a) of a visiting force shall be exempt from registration, taxation and compulsory third party insurance;
- b) of an authorized service organization accompanying a visiting force shall be exempt from registration and taxation,
‘(4) A visiting force shall not be subject to any tolls (other than landing fees at civil airfields) in the territory in which it is present in connection with roads, bridges, piers, wharves, quays or lading places and the vessels of such a force shall not be subject to compulsory pilotage.’
It will be seen from these provisions that contingents and detachments of British military, naval and air forces can be stationed anywhere in Nigeria without let or hindrance, that these forces can in certain circumstances constitute a law unto themselves, and that they can enter, leave and move about the country without any control whatsoever. What has happened in effect is that what Britain, as a result of a public outcry, does not dare to ask Balewa to give her on the swing has been obtained by her on the roundabout. What is more, instead of British visiting forces being confined to specified geographical locations in the country, they now have the whole of the Federation at their disposal and mercy.
It is true that the word ‘base’ is not specifically used in the Pact. But the fact that we undertake to accommodate British visiting forces on our soil and territorial waters does necessarily and inescapably imply that we are obliged to give such parts of our national territory as may from time to time seem suitable to the contracting party for use as base or bases by their visiting forces.
The fifth point is simply ridiculous. The foreign policy of the Federal Government has been declared to be ‘neutrality’. This policy means refraining from giving assistance to any of the belligerent nations in time of war. It is not difficult to see that the Defence Agreement is incompatible with this policy of neutrality. By entering into the Agreement it is evident and incontestable that Nigeria is already militarily aligned with Britain, and that in any case countries hostile to Britain are entitled to treat Nigeria as being in alignment with her. I agree that Nigeria can enter into similar Pacts with other nations, provided (and this is a big proviso) such nations are known to be in the Western countries and traditionally friendly to Britain. How can the Federal Government expect honest and conscientious Nigerians to believe that it can enter into a similar Agreement with Russia for instance? If it is sincere in its protestation, let it try to enter into one with her right now.
The truth is that it is impossible for Nigeria to enter into similar Pacts with countries having hostile intentions or designs towards Britain. At any rate, Defence Pacts whether with Britain, Russia or any other country are evil for a country like Nigeria, and should not in any circumstance be entered into. My considered view is that the policy of Nigeria should be non-involvement in military matters.
The sixth point that the Pact does not detract from our sovereignty cannot stand even the most cursory examination. Five vital points out of a number are worth noting here. In the first place, the British visiting forces can enter, leave, move about our country without any control at all, either of immigration or emigration authority. We are not even entitled to know how many members of such forces are present in our territory at any given time. In the second place, they are, whilst in our country, exempted from taxation. In the third place, in certain circumstances, they are not subject to the jurisdiction of our courts. In the fourth place, British aircraft are entitled to unrestricted overflying and air-staging facilities. In other words, we have ourselves meekly and contemptibly submitted our territorial integrity to unrestricted violation. The international row over the American U-2 flight over Russian territory is an example of the extent to which a self-respecting nation can go to protect its territorial integrity. Here we don’t appear to think we have any, and we are protecting none. In the fifth place, by entering into this Pact we have seriously weakened the position of natural leadership and tremendous influence which Nigeria is destined to enjoy among other African nations. These nations no longer trust us, because the existence of the Pact is incompatible with our inherent obligations towards those independent and dependent countries of Africa which look up to us for protection and succour against British and other Imperialists. From what I have said, it will be seen that by entering into this Pact, the conduct of the Federal Government is untenable, indefensible, and totally reprehensible, and does constitute a betrayal of the people’s trust.
I have already taken a good deal of your time. But there is a very important Agreement entered into by Nigeria and Britain the existence of which is not so well known. The Agreement is embodied in a Government White Paper entitled ‘International Rights and Obligations’. Under this Agreement, which was executed by two countries on October 1, 1960, the day of our independence, Nigeria undertakes and assumes henceforth all obligations and responsibilities of the British Government which arise from any valid international instrument in so far as such instrument may be held to have application to Nigeria. Since any such instrument could only be in existence on the eve of independence, and since it could only be held to have application to Nigeria on September 30, 1960, it follows that we have assumed on independence all those responsibilities and obligations which were held to apply to Nigeria before independence. In other words, after independence we are, under this Agreement, back to where we were in the days of our colonial status.
Let us hope that the contracting parties – Nigeria and Britain and particularly Britain – will think again on these Agreements. There is a tremendous fund of goodwill for Britain in Nigeria. These two Agreements can only, in my view, generate a fountain of overflowing poison which would do nothing but exacerbate and eventually ruin the Anglo-Nigerian relationship.
We have not yet gone very far on the road of mutual hostility between our two countries – we have not yet reached the point of no return on such a road. Before it is too late, it is imperative for Nigeria and Britain to abrogate the two Agreements already referred to, and thereby save the longstanding and, I dare say beneficial, cordiality and friendship between our two countries.
CONTINUES NEXT WEEK.
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