State Of Emergency In Nigeria;

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State Of Emergency In Nigeria.

 Ishaya N. Zhakom 08065566888 

On Tuesday 18thMay, 2004 Nigerians were shocked when president Olusengu Obasanjo unconstitutionally declared a state of emergency in Plateau state and the governor was suspended for six months. The suspended governor chief Joshua Chebi Dariye who hail from Horrop-Bokkos L.G.A of the state and his deputy Da Micheal Botmang were replaced by a sole administrator Major General Mohammed Chris Ali ( rtd ) from Kogi state. He was the chief of Army Staff during the regime of late General Sani Abacha. History revealed that state of emergency was first declared in Nigeria by Abubakar Tafawa Belewa in the then Western region on May 29, 1962 having followed the lay down procedures. But the appropriate channels were not followed in that of Plateau state.

 

     Going by the 1999 constitution of the Federal Republic of Nigeria, which his Excellency Mr. president pledged to rule by, during his swearing-in on 29th May 1999 and 29th May 2003. The president has no right to suspend an elected governor and especially the honorable Members of House of Assembly. Section 11 subsections 4 and 5 of the constitution of the Federal Republic of Nigeria has this “At any time when any House of Assembly of a state is unable to perform its functions by reason of the situation prevailing in that state, the National Assembly may make such laws for the peace, order and good governance of that state with respect to matters on which a House of Assembly may make laws as may appear to the National Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were enacted by the House of Assembly of the state: provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the deputy Governor of the state from office. For the purpose of subsection 4 of this section, a House of Assembly shall not be deemed to be unable to perform its functions so long as the House of Assembly can hold a meeting and transact business”

 Was the Plateau state House of Assembly unable to meet? If president Obasanjo must compensate General Alli for whatever reason known to him, it should not be through this avenue. Section 305 which Aremu claimed to have empowered him to declare a state of emergency is misunderstood. Subsections 1 and 2 of section 305 among others have this “Subject to the provision of this constitution, the president may by instrument published in the official Gazette of the Government of the Federation issue a proclamation of a state of emergency in the federation or any part there of. The president shall immediately after the publication, transmit copies of the of the official Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the president of the senate and the speaker of the House of Representatives each of whom shall forthwith convene or arrange for a meeting of the House of which he is president or speaker, as the case may be, to consider situation and decide whether or not to pass a resolution approving the proclamation.”  

His Excellency supposed to have seek the approval of the National Assembly before the declaration and NOT after as he did. In fact, Nigerians were disappointed with the National Assembly the following day when they gave their support to Mr. president despite the fact that he took the decision without seeking for their opinions.

       Worst of it, by installing an ex-military officer to over see the affairs of Plateau state until after six months is another unwise decision of Aremu. What shall happen if after the said six months peace has not been restored in the state? Will the suspension be extended? If YES, won’t it be a threat to our baby democracy? What if similar or worst crisis evolved in some states? Will ex-khaki boys be appointed as sole administrators? Or will Aremu give deaf ear to it? What worry Nigerians most is the issue of ex-khaki boy. Are we not inviting the military to power? Are we not depriving the electorates their choice? Aremu should be reminded that denial of right is an invitation to fight for it, said Ken Sarowiwa. Mr. president must be blame should the khaki boys intervened in the governance. Late John F. Kennedy once said “Those who make peace change impossible make violent change inevitable.” 

Nigerians should learn to always visit history before taking any decision to see whether or not it has been tried and fail elsewhere. And in as much as we want to de-politicize the military, we must politicize ourselves. For poor governance is one of the already catalogued reasons for military taking over the government in Nigeria since 15thJanuary, 1966. All and sundry should be inform that most if not all of these military officers are having political ambition and when opportunity availed itself, they can’t allow it pass-by.

 

In view of that, Mr. president and members of the National Assembly should be more focused.

 

Less l forget, lam not in any way against the declaration of the state of emergency in Plateau state. But that appropriate channels were NOT followed. And the sole administrator would have been somebody with the needed technical-know-how and not a retired military officer.

In conclusion, l’m not also against Chris Alli in person as the sole administrator but am against the uniform.   

   

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