Deconstructing the Right to Self-Determination and the Polemics of Secession under International Law: The Case of Nigeria and Cameroon

Abstract

This article appraised self-determination and the polemics of secession under the nuanced principles of international law with particular reference to Nigeria and Cameroon. It espoused and restates the principles of self-determination and secession in a manner that will engender peace and security, taking into consideration the yearnings and aspirations of marginalised and vulnerable groups. The article finds that although secession is not explicitly prohibited under international law, there are controversies and ambiguities regarding its legality as a corollary of the right to self-determination. This state of affairs is exacerbated by the recondite position of international law regarding the legality of the exercise of secession and the legitimacy or otherwise of states scuttling the quest for secession. Thus, while the article supports that state sovereignty and territorial integrity ought to be preserved and maintained, it contends that there is an urgent need to restate and recalibrate the principles governing self-determination to explicitly recognise the right to secession under international and municipal law in exceptional circumstances. This stand point is expedient in special circumstances where the people desirous of secession palpably face extermination or existential threat and where the prospect of peaceful coexistence is practically impossible.