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In other words, if Britain became the victim of aggression, Nigeria would be bound under the Pact to give her such aid as may be necessary, and vice versa. For the purpose of this mutual defence, Nigeria and Britain undertake to consult each other as to what measures should be taken by the two countries jointly or separately ‘to ensure the fullest Co-operation between them’. What form the aid would take would depend on the result of the consultations, having regard to the circumstances and the needs of the emergency. We might have to send members of our armed forces to fight on the side of Britain’s armed forces, or we would not need to do more than merely give such facilities, like food or other sinews of war, as may be necessary. In this connection, I would like to invite your attention to Article III and Article IV which provide as follows:
ARTICLE III:
‘The Government of the Federation and the United Kingdom Government each undertake to accord to military aircraft of and aircraft under the control of the armed forces of the other unrestricted overflying and air staging facilities in the Federation and in the United Kingdom and the United Kingdom and dependent territories respectively.
ARTICLE IV:
‘On request by the United Kingdom Government, the Government of the Federation agrees to make available facilities at Kano and Lagos airfields for the holding of tropicalisation trials of aircraft. Should the Government of the Federation so request, the United Kingdom Government will make available to the Government of the Federation the general results of such trials.’
It is a matter of plain commonsense and of law and Commonsense is the basis of all just laws that involvement in a crime does not only mean actually and physically participating in its commission. A man who procures or provides facilities for the commission of a crime is in the same category as the principal offender. Besides, there is such a crime as accessory before the fact, that is knowing the design for, and giving comfort to the offender before the commission of a crime. Similarly, it is not necessary for Nigeria to send her troops to fight on the side of British troops before we are adjudged as being involved in Britain’s war. If the aggressor is satisfied that Nigeria gives facilities to Britain before or during hostility to enable the latter effectively to prosecute the war, such aggressor will not hesitate and will be perfectly justified in attacking us, even though we did not declare war on nor send our troops to fight him. As we have noted in Articles III and IV, we undertake to provide Britain with overflying and air-staging facilities in our territory, Under the Status of Forces Annex which forms part of the Defence Agreement, provisions are made to enable contingents or detachments of British naval, military or air forces to be stationed in Nigeria.
The proponents of the second point that the Defence Agreement automatically terminates when either of the contracting parties is involved in war cannot expect any intelligent and right-thinking person, least of all Nigerian, to take them seriously. For what they say in effect is that the Agreement becomes inoperative on the happening of the event on account of which it was executed. In other words, if this argument were accepted the contracting countries would give to each other such assistance for mutual defence as might be necessary before the need for such defence on either side ever arose. In any case, the Agreement does not make express provision for automatic termination as implied in the Pact as it stands.
The third point is that the Defence Pact is designed mainly to benefit Nigeria, in that under it Britain undertakes to provide training facilities for members of our armed forces. It must be emphasized that there is nothing extraordinary in the training facilities which are offered to us by Britain. Assistance in the field of training as well as the provision of expert advice in operational and technical matters, is a benefit which we can get for the asking from other friendly countries which are more advanced militarily than we are. India, Pakistan, Egypt, Israel, the United States of America, and Russia, to mention only a few, will only be too willing to offer US these facilities without obliging us to give them overflying, air-staging and other military and naval facilities in return.
Besides, the obligations which are imposed upon us under the Pact are to say the least onerous, compare with the benefits we receive. Between Nigeria and Britain, it does not make sense to speak of mutual defence, or of the provision of overflying and air-staging facilities in each other’s territory. For one reason, we are not in the arms race,; we are not in danger of attack by our immediate neighbours, nor do we have aggressive designs on them; for another we have no aircraft for which we need overflying and air-staging facilities (unrestricted or otherwise) in British territory.
The fourth point, that no provision has been made in the Pact for the leasing to Britain of a military base in Nigeria, can only deceive the unwary. It is true that in the Outline of the Draft Agreement initialed in London in 1958, express provision for the leasing of a base to Britain in the following terms was made: ‘Nigeria to lease to the U.K. (on terms to be agreed)-
- a) a piece of land at Kano (of up to 150 acres) on which the U.K. may construct facilities and station personnel for staging purposes;
- b) on application by U.K. a piece of land large enough (about 1,000 acres) for the construction and operation of an airfield and staging post, if for any reason Kano became unsuitable.
It is also true that no such express provision is contained in the present Agreement or in the Annex which, as has been pointed out, forms part of the Agreement.
In order to drive home my point in this connection, however, I would like to cite Sections 1 (a), 3, 5(1), and 8(3 and 4) of the Annex:
Section 1:
‘“ visiting force” means anybody, contingent or detachment of the naval, military or air forces of a contracting party being a body, contingent or detachment for the time being present in the territory of the other contracting party under the provisions of this Agreement, and shall include any such body, Contingent or detachment overflying or staging under the provision of Article III or engaged in tropicalisation trials under the provisions of Article IV’:
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