One of the major criticisms of the current administration, led by muhammadu Buhari, is the consistent violation of the Rule of Law and Court Orders, there are various instances where the current administration have clearly shown a total disregard for the law, examples abound from Colonel Sambo Dansuki the embattled erstwhile National security adviser who had been granted bail by various court but has consistently been refused release by the Federal Government. Also the leader of the Islamic Movement of Nigeria Sheikh Elzazaki and his wife have continued to suffer same fate as colonal  dansuki.The most recent case is that of omoyele sowore who although has being granted bail by different Federal courts,but has continued to be kept in detention since August 2019 by the Department of Security Service under the authorization of the presidency.

These are the most common of examples amongst many others, of the federal government arrogant disregard for laws and court orders. The president of Nigeria made it very clear, during the 2018 N.B.A Annual General conference in Abuja, that the rule of law is subject to National Security. The implication of this statement is that it is the sole discretion of the government to determine whether an offence is of National security so as to either release a defendant on bail or to continue detaining alleged offenders, which is simply an usurpation of the constitutional powers and Rights of the Judiciary as provided by section 6 of the 1999 Constitution of the Federal Republic of Nigeria.

This Attitude of the government to disregard of the laws and orders of court are gradually extending to the International agreement and treaty Nigeria is signatory to.

It is this new trend, that this write up seeks to address, basically focusing on the closure of Nigeria Boarders and how it violates the African Continental Free Trade Agreement (A.C.F.T.A).

 What really is the African Continental   Free Trade Agreement or A.C.F.T.A as it is popularly called? Basically the A.C.F.T.A could be summed as a Unified Intra Continental Trade Agreement. Amongst Africa Countries an Initiative of the African Union, to increase international trade by African countries within the African Continent.  The figures from the African Export-Import Bank in 2018 reported that only 15% of International Trade by African Countries takes place within the African Continent, which is a very insignificant when compared with other continents such as Europe (67%) Asia (58%) and North America (48%). By implication majority of the goods and services provided by African Countries are traded outside the shores of Africa which in effect is more costly and among other economic and effects.

This agreement came into force on 30th May 2019, after ratification by 22 African Union member states. Nigeria however was among the last countries in the continent to sign the A.F.C.F.T.A, citing various reasons, such as the agreement may eventually make Nigeria a dumping ground of all kinds of goods thereby reducing local content, however  President Buhari 6 months after the birth of the A.FC.T.A signed same on behalf of Nigeria, signaling Nigeria’s commitment to honoring and Abiding by the protocols of the Agreement.

To understand better how the Agreement could be beneficial to African continent it would be necessary to highlight the provisions of the A.F.C.T.A.

SCOPE AND OBJECTIVES OF THE A.F.C.T.A:

The agreement covers trade in goods, trade in services, investment, intellectual property rights and completion policy within the African continent, amongst others. However the most fundamental objectives of the A.F.C.T.A are to create a single continental market for goods and service, with free movement of persons and investments and the expansion of intra-African trade through better harmonization and coordination of trade liberalization across the African continent.

In order to achieve the main objectives of the A.F.C.T.A “The Agreement” requires state parties to progressively eliminate tariffs and non tariff barriers to trade in goods, progressively liberalize trade in services……………………….. and to establish a sound institutional frame work for the administration of the A.F.C.T.C.A”.

The Agreement contains three distinct protocols, “Protocol on Trade in Goods, Protocol on Trade in Services and Protocol on Rules and Procedures on the Settlement of Disputes. All three are aimed at achieving the objectives of the A.C.F.T.A

Shortly after President Muhammedu Buhari signed the A.C.F.T.A, on behalf of Nigeria, the government completely shut the Nigerian land borders on her neighbors, i.e. Benin Republic and Ghana, Niger and other neighboring countries restricting and placing a ban on the movement of all goods in and out of Nigeria thereby causing untold hardship on small and medium scale traders doing businesses in Nigeria and other neighboring countries, this had led to inflation of the prices of goods and services in Nigeria. This action of the Nigerian government clearly goes against the spirit and as of 2020, the letters of the A.F.C.T.A, which has been earlier outlined in this essay. Many stakeholders fear that Buhari’s administration penchant for disobeying and disregarding laid down laws is gradually playing out with the A.C.F.T.A., As a matter of fact key stakeholders in the economy see the closure of the Nigerian boarder as a wrong move and policy.

Even though A.C.F.T.A is yet to have the force of law in Nigeria going by the provisions of section 12 of constitution of the Federal Republic of Nigeria 1999 as amended, which provides that an International treaty or agreement would not automatically apply to Nigeria unless the agreement or treaty is ratified or domesticated by an Act of the National Assembly. However, a government truly committed to respecting pacts and agreement, would not take steps or actions contrary to same it has signed, as in the case of the Boarder closure by Nigeria in the wake of the coming into effect of the A.F.C.T.A

By implication, other African countries may see this action of the Nigerian government closing her boarders as non commitment and disrespect to the Agreement signed, coupled with the various disobedience to local court orders and laws by the government which are widely reported in various international media outlets and may decide to withdraw or seize trading with Nigeria even severe foreign ties with Nigeria which could have massive negative economic impact on our dear country.

In conclusion, the Buhari led administration must ensure that Nigeria is not constantly seen as a country that has little or no respect for laid down laws whether national or international. The government must come up with other strategies that do not in any way go against the respect for International pact and treaty, and maintain a healthy relationship with her neighbors.