Nigerian Lawyers Laud President Jonathan over state of Emergency declaration

  Chief Emeka Ngige (SAN) 

 SENIOR lawyers and chieftains of the Nigerian Bar and many members of the National Bar Association, (NBA), have  lauded President Goodluck Jonathan over the emergency rule declared in Borno, Yobe and Adamawa States. They also praised the President’s wisdom in retaining the governors to continue in office while the military deployment tackle the  security challenges in those states. To them, the President acted within the powers conferred on him by the constitution.

In his reaction,  Chief Emeka Ngige (SAN) said: “I think the speech by Mr. President is okay. Unlike the state of emergencies declared during Obasanjo’s regime which were made in bad faith and used to remove governors who were in the bad books of the federal government, the present action was taken with the best of intentions.  No political appointee or political institution was removed.”

He continued: “To that extent, I commend the efforts of the Federal Government in stepping up its war against terrorism in parts of the North East zone. From the action of the Federal Government , it would seem that the amnesty offer to Boko Haram has been withdrawn. It’s now full-scale war against the terrorists. I fully endorse the action of the Federal Government and suggest that the state of emergency declared to fight terrorism should also be extended in the fight against corruption. Corruption is choking the citizenry and the earlier the government declares a state of emergency in that area the better for this country.’

Also, a Senior Advocate of Nigeria (SAN) Austin Alegeh absolved the President of any blame saying: “There is nothing in the constitution that prevents the president from directing the governors to act as chief executives of the states. Section 305 (4) even envisages a situation where a governor with a resolution supported by two-third majority of the State House of Assembly may request the president to proclaim a state of emergency in the state. The terms of the proclamation will best explain the reason for this arrangement.”

To an Ibadan-based SAN , Adebayo Adenipekun, Jonathan has the powers to restore peace in those states: “Where a state of emergency is declared subject to approval by National Assembly within a specified time, the president is empowered to take all measures to restore peace. If making use of the governors is what he considers as part of measures that would lead to the desired peace, it is left to him.

Reacting in like manner,  a Lagos-based lawyer, Joseph Nwobike (SAN) said : “The declaration has no constitutional significance because all the constitutional principalities empowered to exercise constitutional powers in the respective states have not been altered.

“Therefore the only significance the declaration has is that the president may now deploy additional security measures in the respective states to address the security challenges.”

A former vice president of NBA, Mrs. Funke Adekoya  also praised the President for acting within the powers conferred on him, adding  “Removal of governors is relict of military government when Federal Government took over state governance. The 1999 Constitution does not say that  effect of declaration of state of emergency is removal of executive or legislative arm of government. Section 217 empowers armed forces to support civil authorities in suppressing insurrection. The President is in order.”

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