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Two events inspired this commentary.
First, is Funke Aboyade’s editorial outing in the THISDAY, Law column of May 18, 2004. The editorial was titled, “A Descent into Fascism”. The second event occurred on the same day. It was the Presidential loaded speech, in which he declared a state of emergency in Plateau State and suspended democratically elected institutions at the state level.
“A descent into Fascism” is a masterpiece in denigration of a system that resists change. In my over three years of reading Funke Aboyade, I have never read such anger and disgust as they flowed freely in her last week’s editorial. In that reflection, the highly gifted editor was reacting to the wanton abridgement of the freedom of association and expression, which as we know, are the cornerstones of democracy, the world over. In that piece, the writer spoke the minds of many, when she queried the rational for dispersing the Citizens Forum, led by the literary icon, Proff Wole Soyinka, and the lawyer-statesman, Chief Gani Fawehnmi, SAN. The writer came down heavily on the police institution, led by Tafa Balogun, who incidentally is a trained lawyer, for dragging the country to the Abacha days. Funke wondered why the police, could not stem the tide of violence in Yelwa and Kano, but concentrated energies on preventing a peaceful march. She concluded on a grave note: “The IGP is leading a force, which clearly is in dire need of thorough shaking up, reorientation and restructuring…”
The presidential address of May 18 caused panic and has sent many brains cracking on the legality of its proclamations. The president himself displayed that he was taking a very difficult decision. Hear him:
“Fellow Nigerians, it is with grave heart that I address you today. We have made personal sacrifices not just to enthrone peace, stability and democracy in Nigeria, but also to consolidate our democratic enterprise and cultivate new values. It is therefore, very painful when the new collective commitment to democracy, peace and security is compromised, contaminated or mediated in any way…”
Going further, Mr President, reflected on the situation in Plateau State, which he stated posed a grave danger to security in the neighbouring states and the entire nation. He accused the political leadership in the state of incompetence. According to the president, “there is nothing on ground to show that the state Governor has the interest, desire, commitment, credibility and capacity to promote reconciliation, forgiveness, peace, harmony and stability in the state” The political leadership in the state was accused of “squandering opportunities for building networks and webs of dialogue across primordial lines”.
After carefully tracing his (President’s) personal efforts to bring peace to the crisis-torn state, since 2001, the president found “solace” in the constitution of Nigeria, 1999, which he stated “foresaw the ultimate emergency in part or all of Nigeria and provided for it, as a last resort” {Emphasis, mine). Relying on section 305 of the constitution, the president declared a state of emergency in Plateau State and went further to suspend an elected Governor, his Deputy and members of the house of Assembly. He appointed an administrator, a former military Governor of the state, in the person of Retired General Chris Alli, as an administrator. The Senate and House of Representatives have ratified this declaration and consequent acts overwhelmingly.
Despite this endorsement by the apex making law bodies in Nigeria, huge legal and political questions remain unanswered: Does the situation in Plateau actually warrant the use of this last resort measure, which many feel is a “contamination” of democracy? Does section 305 or any other section of the constitution, for that matter, provide for the removal of elected institutions via a presidential fiat, even in an emergency? Will the mere declaration of a state of emergency and chasing away of a state political leadership resolve the rest in contention in Plateau State, for which many have died? How do we distinguish the situation in Plateau from that in Kano, Kaduna, Benue and other conflict flashpoints? Can we actually impose peace without Justice? There are so many other questions.
We all agree that section 305, actually provides for a declaration of emergency and it seems that the president followed the prescribed procedure in declaring the state of emergency in Plateau State. Two issues that will be hotly contended are as follows: First, whether reading from section 305 (3) which provides for the circumstances that will warrant such a declaration, it could be said that there is actual breakdown of public order and public safety as to warrant such an “extra-ordinary measures to restore peace and order”? The second issue is the suspension of elected institutions.
A careful reading of section 305 (1), of the constitution will show that the section is subject to the provisions of the constitution. The section reads:
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Wilfred Mamah
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