Abstract
SummaryIn November 1995, the execution of Nigerian writer Ken Saro-Wiwa led to Nigeria’s suspension from the Commonwealth and the possibility of its expuhion from membership. The absence of an expulsion clause for the Commonwealth led to the question whether the association has the inherent power to expel and whether any such power of expuhion is limited by international law. A review of treaties, customary international law, and commentary suggests that the Commonwealth can expel a member by use of implied power. Other factors, however, militate against Nigeria’s expuhion. Once expelled, Nigeria would be free to behave as it saw fit. Expuhion could aho divide the Commonwealth and make other members think twice about their membership obligations. The author concludes that expuhion from the Commonwealth must be a last resort.
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