*INTRODUCTION*

Pursuant to the Inhumane treatment of Nigerians in South Africa, Nigerians have been calling upon the attention of the Head of State for quick and extemporaneous retaliation. This Excerpt now seeks to enlighten International Law Students and other Nigerians of the ideal steps that are take-able by a country like Nigeria in such situation.

By virtue of the *Article III of the Organization of African Union Charter* which is now replaced by the *Article IV of the Constitutive Act of the African Union* provides that, Each Member state of the Union has Sovereign Equality. Which means that, regardless of the population capacity, territorial largeness and Military Sophistication or any other means of acclaiming superiority, All Member states are deemed equal in the Union. It is noteworthy that both Nigeria and South African are Members of the African Union.

For the purpose of understanding, the *principle of Reciprocity* under the International law should be succinctly explicated. This principle was defined by ** as

_”‘returning like behaviour with like “_

According to *Black’s Law Dictionary* it can be defined as

_”the mutual concession of advantages or privileges for purposes of commercial or diplomatic relations”_

Which means that the degree of rights and privileges that are availed to the Nationals (citizens) of a foreign state by the Host state shall be the extent of the rights and privileges enjoyable by the Nationals of that Host state by the foreign state.

A lay man would now understand it to mean that the same way South Africa is treating Nigerians should be the Way Nigeria also treats the Nationals of the South Africa and their properties.

_But legally speaking, is that true???_

It must be said that although *the principle of Reciprocity* is allowed in International relation, but it mustn’t be likened to *The Principle of Retaliation.* The Latter principle if executed by Nigeria, South Africa Nationals would have been destroyed the same way they destroy Nigerians.

Thus, If Nigeria is to practice Reciprocity, it must first consider *Article 4 (f) of the Constitutive Act of the African Union* which prohibit a law-abiding member state from _”the use of force or threat to use force among Member States of the Union”_ Instead, a state is only allowed to engage, via the provision of *Article 4(e) of the CA of the African Union*, to adopt, whenever there is a conflict between the members state; “Peaceful resolution of conflict among Members states of the Union through such appropriate means as may be decided by the Assembly”_

_Now, what are the appropriate means of peaceful resolution???_

This to my mind, is defined in *Article III (4) of the Organization of African Union* which says _”Peaceful settlement of disputes by negotiation, mediation, conciliation or arbitration. “_

This is to say, that the first step an injured State should take is to involve in Negotiation with the Offending state for Pacific settlement. See also *Article 2(3) of the United Nation Charter* and *Article 33 of the same Charter*

Besides, the government of the offended state may intimate the General Assembly of the African Union or the Security Council of the United Nation so as to take reasonable measure against the accused state. See *Article 34 – 38 of the United Nation Charter*

Thus, it is safe to posit that, what Nigeria can do for now is to exploit those highlighted international law position.

However, there is another principle known as *Humanitarian Intervention* which allows any state in the world to intervene by the Use of Force against any state that is breaching the inviolable Human Rights of the people (whether its Nationals or not) without first seeking the consent of the necessary Authority. But, it must be said that if Nigeria is to exploit this principle, it must consider the kind of diplomatic relationship she has with South Africa, by considering her own Military sophistication, Economic self-reliance inter alia. That is, Nigeria has to weigh her comfort if she should adopt the use of forces against the South Africa as to her comfortability without South Africa.

*CONCLUSION*
Certain principles of international law were exploited for the purpose of this work, which includes the principle of Reciprocity, Retaliation, Pacific Settlement, State Responsibility, Sovereign Equality of Nations, Humanitarian Intervention inter alia. Those principles were used to say that Nigeria under international law can engage in friendly negotiations with the government of South Africa and report the actions of the State to the International Organizations globally and regionally. However, it can also use force against the South Africa under the cocoon of Humanitarian Intervention and Nationality of Claim after considering the Pros and Cons of cutting her Tie or diplomatic relation with South Africa.

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