Femi Falana, human rights lawyer,
has urged the federal government to “urgently dialogue with Nigeria’s
neighbouring countries to jointly fight the menace of smuggling which
necessitated the closure of Nigeria’s borders.
Delivering a paper at the annual
conference of the ECOWAS court of justice in Accra, Ghana, the lawyer said the
border closure is inconsistent with the letter and spirit of ECOWAS protocol on
free movement of persons, residence and establishment and the African
Continental Free Trade Agreement.
He described the International
Monetary Fund’s support for the development as a deliberate design to weaken
ECOWAS regional integration agenda.
“The borders should be reopened
without any further delay as it cannot be sustained for too long without
serious repercussions for the Nigerian economy,” he said.
“The neighbouring countries may
retaliate by imposing a ban on goods being exported from Nigeria by air. They
may also close down Nigerian banks and other businesses operating in other
member states of the ECOWAS.
“Instead of resorting to the
unilateral closure of borders the federal government should drag the Republics
of Benin and Niger to the Court of Justice of the ECOWAS for breaching the
ECOWAS Protocol by allegedly encouraging the smuggling of petrol, rice and
other products. In the alternative, smuggling should be addressed like
terrorism which is being jointly combated by Nigeria and her neighbours.”
The lawyer accused the federal
government of punishing law-abiding corporate bodies and citizens because of
the “criminal activities of a few trans-border smugglers”.
“The federal government should
expose the smugglers by arresting and prosecuting them. The smugglers in
Nigeria and the neighbouring countries are well known by the security agencies.
Without official connivance the crime of smuggling cannot thrive in the
region,” he said.
“Apart from monitoring the borders
with technology the federal government should take advantage of the ECOWAS
Protocol Relating to the Re-exportation within ECOWAS of goods imported from
third countries. Under the Protocol Benin, Togo and Ghana are only entitled to
charge administrative fees in respect of goods whose destination is Nigeria.
“I commend the ECOWAS Court for
protecting the human rights of community citizens. But member states should
desist from disregarding the judgments and orders of the Court. Other leaders
should emulate President Nana Akuffo-Addo who has ordered the Attorney- General
and Minister of Ghana to ensure compliance with all decisions of the Court. The
ECOWAS Commission should ensure that sanctions are imposed on recalcitrant
member states in line with the ECOWAS Revised Treaty and the Protocol of the
Community Court.”
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