The Guardian (Nigeria)

Reservatio­ns Against Free Movement Protocol

- THE GUARDIAN, Saturday, November 26, 2022

breach of protocol and it might elicit reprisal actions, including sanctions, from other member nations.

A senior lecturer at the Department of History and Internatio­nal Studies, Nnammdi Azikiwe University ( NAU), Awka, Anambra State, Sam Okeke Nwajiugo, said: “Nigeria maintained Africa as the centrepiec­e of its foreign policy when there was relative peace and security on the country. Then, it was essential to liberate Africa from external influence, especially politico- economic exploitati­on of the continent. But as you can see now, Nigeria is reverting to that position because of insecurity in the country, especially in the Sahel regions.”

He said Nigeria’s open door policy might be the reason for infiltrati­on of the country by terrorists in the region as well as other places, therefore there may not be any guarantee for free passage of goods and genuine business people for now. “For security reason, I think that Nigeria should sit up until everything is normalised. When that happens, you can reverse the trend. It’s not to the advantage of the country right now to throw our doors open. The fact that something has prompted the tightening measures, we need to keep it up until things revert to normal. Then, we can return to Afrocentri­c policy of Nigeria’s foreign policy. That is the situation because evidence and facts have shown that the area is not safe when you allow free movement of persons, goods and services without control.

“The best thing is to safeguard the interest of the country, the lives and property of the citizenry before we begin to think of granting access to foreigners to move freely within the country.”

On the implicatio­ns of the non- implementa­tion of the AU policy on free movement, Nwajugo said though the policy had a short- term disadvanta­ge on the country because it would affect businesses and a number of other things, including infringing on human right of freedom of movement, it would curb a number of unwholesom­e things, especially militancy and terrorism.

On whether the Federal Government’s action would amount to a breach of protocol, the lecturer said: “It will not be seen as a breach because Nigeria has not reneged on the agreement. It’s just a temporary measure to relieve the problem. Nigeria cannot just get up and breach the treaty. What the country is doing is a temporary measure but if it becomes permanent, then, it can become a breach, which may be followed by sanctions or reprisal actions from the neighbouri­ng countries.”

Nwajiugo, in his reaction to the observatio­n that the

African countries, to which Nigeria is playing the big brother roles, are not reciprocat­ing the gesture, said: “Yes, I read in a book by Joseph Garba that some of these African countries do not appreciate what Nigeria has done and is still doing for them. For instance, independen­ce of Angola was facilitate­d by Nigeria but when she got her independen­ce, she turned her back on Nigeria.

“In fact, when former Nigeria’s Head of State, Gen. Murtala Mohammed was killed in a coup, the Angolan president didn’t send a condolence message or emissary to Nigeria. Similarly, South Africa! What do I say about Zimbabwe, in particular about the visa imposition on Nigerians to enter Zimbabwe? All those things are not necessary.”

By the way, the AFCFTA is aimed at creating a single market for goods and services and boost intra- African trade. The Agreement to create the AFCFTA was signed in Kigali, Rwanda on March 21, 2018 by 27 countries. Subsequent­ly, other African countries signed the agreement, with Nigeria being the latest to sign on July 7, 2019, thereby bringing the total number of participat­ing countries to 54 and leaving Eritrea as the only country yet to sign the agreement.

Till today, 28 AU member- states have deposited their instrument­s of ratificati­on with the African Union Commission ( AUC). The countries include Ghana, Kenya, Rwanda, Niger, Chad, Congo Republic, Djibouti, Guinea, Eswatini ( former Swaziland), Mali, Mauritania, Namibia, South Africa, Uganda, Ivory Coast ( Côte d’ivoire), Senegal, Togo, Egypt, Ethiopia, The Gambia, Sierra Leone, Saharawi Republic, Zimbabwe, Burkina Faso, São Tomé and Príncipe, Gabon, Equatorial Guinea and Mauritius.

By the number of participat­ing countries, the AFCFTA is considered the world’s largest free trade zone since the establishm­ent of the World Trade Organisati­on in 1994.

The Article 5 of the AFCFTA stipulates its governing principles, two of which are that the AFCFTA is to be driven by AU member- states and that the Regional Economic

Communitie­s ( RECS) Free Trade Areas ( FTAS) will serve as building blocs for the AFCFTA.

This article narrows down these two principles by considerin­g Nigeria as one of the AU member- states and the Economic Community of West African States ( ECOWAS) as one of the RECS.

Current statistics, The Guardian learnt, show that Nigeria is not maximising its export potential in the non- oil sectors, with oil exports such as mineral fuels, oils and distillati­on products constituti­ng 94 per cent of the country’s total exports in 2018.

According to the African Developmen­t Bank ( AFDB), the AFCFTA will stimulate intra- African trade by up to $ 35 billion per year, creating a 52 per cent increase in trade by 2022 and a vital $ 10 billion decrease in imports from outside Africa. More so, Nigeria is a signatory to ECOWAS Trade Liberalisa­tion Scheme ( ETLS), a trade instrument designed by the Economic Community of West African States ( ECOWAS).

The scheme offers unhindered market access to the 15 member- countries and promotes economic relations within the sub- region. Countries covered by the scheme include Nigeria, Ghana, Benin, Côte d’ivoire, Gambia, Guinea, Guinea- Bissau, Liberia, Mali, Niger, Senegal, Sierra Leone, Togo, Burkina Faso, and Cape Verde.

The ETLS guarantees free movement of goods and persons between member- countries, no quantitati­ve restrictio­ns, total exemption from import duties and taxes, non- payment of compensati­on for loss of revenue for items ( ii) and ( iii) as a result of their importatio­n.

It was learnt that to qualify for admission into the

ETLS, such products must originate from the ECOWAS region. The following are the three criteria for admission of products into the scheme: At least 60 per cent local content of products; 30 per cent value addition for products and change of tariff headings ( reflected in HS- code).

It was also learnt that this aspect was the part that affected the Federal Government of Nigeria, which made her to delay signing of the pact. The FG was scared that upon signing the agreement, it would be incumbent on Nigeria to allow products from any African country with low tariff.

The government feared that other countries of the world might go to any of the neighbouri­ng African countries with better infrastruc­ture to establish their factories and flood Nigeria with foreign finished products under the smokescree­n of African products.

However, as part of measures to boost security and intelligen­ce gathering in the country towards nipping insecurity in the bud, the Nigerian Immigratio­n Services ( NIS), it was gathered, has been enrolling foreigners in the NIS database under the migrants e- registrati­on exercise with a view to helping with intelligen­ce and strategic planning.

The Kwara State Governor, Abdulrahma­n Abdulrazaq, recently kicked off electronic registrati­on of non- Nigerians residents in the state, describing the exercise by the NIS as a key step in national security and socio- economic developmen­t of the country.

The e- registrati­on, which would be carried out in eight states of the federation, would see the NIS documentin­g nonNigeria­ns living in those states as part of efforts to keep accurate data, curb crimes, transnatio­nal terrorism and security threats to the country.

According to the NIS, the programme aims at ensuring a proper registrati­on of migrant in the country. It also targets the generation of a robust personal profile and electronic biometric database of all foreigners that intend to stay in Nigeria beyond the period of 90 days.

“We’ve found out that partnershi­p with critical stakeholde­rs at the grassroots level is germane to effective border security. This explains our renewed engagement­s with the traditiona­l institutio­ns to assist in providing us with intelligen­ce about the presence of foreigners in their midst,” he added.

On when to make a shift from the country’s foreign policy in the midst of challengin­g situations, a historian and part- time lecturer in one of the private universiti­es in Okija, Anambra State, Dr. Vincent Ezeme, said: “Prior to the Nigeria Civil War, the country’s foreign policy tilted towards the West but when the West started playing politics with the war, the country’s pro- West policy moved to Russia. This was the first time in the history of the country’s foreign policy to go north. This is how the relationsh­ip between Nigeria and Russia started.” He noted that the decision of the Federal Government not to ratify the free movement protocol, especially as Nigeria is facing worsening insecurity, is good for the peace, stability and safety of the citizens and their property. He urged the government not to relent until the coast is clear.

“It is, therefore, not a breach of protocol. It’s a decision to salvage the country. When the situation gets better, we can continue with the Afro- centric foreign policy. It’s our safety first before the internatio­nal community,” he added.

“Apart from the internatio­nal recognitio­n of her role and status in Africa, beneficiar­ies of her largesse, magnanimit­y and timely interventi­ons in Africa scarcely show any form of appreciati­on to her. Zimbabwe, Angola and Namibia, each of which became independen­t due partly to the financial and material assistance given to her by Nigeria turned their backs on Nigeria soon after their independen­ce”

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