Human Rights lawyer, Femi Falana, has called 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.
While 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.
Falana described the International Monetary Fund’s support
for the development as a deliberate design to weaken ECOWAS regional
integration agenda.
According to him, “The borders should be reopened without
any further delay as it cannot be sustained for too long without serious
repercussions for the Nigerian economy.
“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.”
He further 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.
The SAN 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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