FG cautions MDAs against int’l treaties

The warning is coming on the heels of high rate of obligations the FG  has to oblige due to the consequences and implications ofinternational treaties negotiated without the knowledge and consent of the federal ministries of justice and foreign affairs.Minister of State for Foreign Affairs, Prof. Viola Onwuleri stated this at a roundtable organised by […]

The warning is coming on the heels of high rate of obligations the FG  has to oblige due to the consequences and implications of
international treaties negotiated without the knowledge and consent of the federal ministries of justice and foreign affairs.
Minister of State for Foreign Affairs, Prof. Viola Onwuleri stated this at a roundtable organised by the Nigerian Institute of Advanced Legal Studies (NIAL), on International Treaties  in Nigerian Domestic Law, in Abjua.
Prof. Viola stated that there are three procedures required by law to domesticate international treaties before they are ratified and domesticated by the country.
“There are three procedural considerations by government before ratification and domestication of international treaties. These procedures include, the financial, political and social importance of such agreements on the one hand and the mutual educational and cultural exchange between the parties.
“These considerations form the core value by government to freely and willingly enter into treaties it consider financially and politically relevant to the country before it can seek legislative approval for the domestication of such agreements,” the minister stated.
Warning against the huge commitment government may likely face in disposing the obligations arising from such treaties, the minister urged MDAs to seek the approval and registration of any international treaty it considers viable for the economy with the Ministry of Justice in order to professionally guard the terms of such treaties.
Speaking at the roundtable, Attorney General of the Federation and Minister of Justice, Mohammed Bello Adoke, said Nigeria as a country has kept faith
with all obligations of international treaties that have been domesticated over the years.
Represented by Prof. Peter Akpe SAN, the Attorney General, called for concerted effort between the executive and the legislative arms of government in the ratification and domestication of treaties to reduce the rift of monism.
He said the domestication of international treaties is an executive function that only requires the ratification of the National Assembly in accordance with Section 12 of the 1999 Constitution as amended.
On the conflict of domestic laws being subterfuge to international treaties where the two laws differ on legal implications, the NIAL Director General, Prof. Epiphany Azinge, countries go into treaties under no obligation but free will, therefore the crisis of conflict does not arise.
Prof. Azinge, however, said in circumstances of any conflict, the parties naturally fulfill the terms of the treaties because it subscribes to the treaties and not because the domestic laws are subterfuge to a treaty.