A state of emergency is a situation in which a government is empowered to take through policies that it would not normally be permitted to do for the safety and protection of its citizenry.
According to the Oxford Dictionary of English languages, a state of emergency is a national danger or disaster situation. During a state of emergency, the government suspends normal procedures to regain control.
The state of emergency has a policy of maintaining law and order in Nigeria with a controversial history.
In 1962, the Federal government declared a state of emergency in the old western region due to the crisis in the Action Group, which snowballed to an alleged plan by some politicians in colluding with the military to violently toppled the government of Sir Abubakar Tafawa Balewa.
In 2004, President Olusegun Obasanjo declared a state of emergency in Plateau State, suspended the then Governor Dariye, and appointed a Sole Administrator, General Chris Abutu Ali. Relying on section 305 of the Constitution. The declaration of the state of emergency by President Obasanjo follows an apparent breakdown of law and order (which is not even as serious as what is happening in Anambra and the Imo States presently). It follows an intractable ethnic and religious crisis leading to the loss of lives and properties.
In 2011, President Jonathan declared a state of emergency in some local government areas in Plateau and Borno States.
In May 2013, following unrelenting attacks by Boko Haram, President Jonathan declared a state of emergency in Adamawa, Borno, and the Yobe States.
How do we tackle the escalating violence, attacks on federal government critical infrastructures such as police stations, INEC offices, killings, assassinations, and destruction of properties unleashed by so-called unknown gunmen in Anambra and the Imo States?
Do you think a state of emergency is necessary to restore peace in these states?
I think the conditions are ripe for the President to exercise power vested on him by section 305 of the Constitution of the Federal Republic of Nigeria, 1999 (amended) to declare a state of emergency in Anambra and the Imo States or parts of these States.
Last week, Dr. Chika Akunyili, husband of late professor Dora Akunyili, former Director-General of the National Agency for Food and Drug Administration and Control, and Minister of Health, was brutally murdered. Yesterday the house in Nnewi, Anambra State of All Progressives Congress chieftain, Joe Igbokwe, was set on fire.
Joe Igbokwe has been outspoken on the nefarious activities of the so-called unknown gunmen and had called for the declaration of a state of emergency by the government in Anambra State.
A group known as IPOB-Rebranded, in a statement issued by its Director of Media and Enlightenment, Mr. CAhigoxie Igboanugo two months had demanded state governments in the South East region have surrendered their powers to non-state actors like IPOB.
I will reproduce section 305 of the Constitution of the Federal Republic of Nigeria, 1999 ( as amended) thus:
" Subject to the provisions 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 thereof.
(2) The President shall immediately after the publication, transmit copies 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 the situation and decide whether or not to pass a resolution approving the Proclamation.
(3) The President shall have the power to issue a Proclamation of a state of emergency only when -
(a) the Federation is at war;
(b) the Federation is in imminent danger of invasion or involvement in a state of war;
(c) there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security;
(d) there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger;
(e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation;
(f) there is any other public danger which constitutes a threat to the existence of the Federation; or
(g) the President receives a request to do so following the provisions of subsection (4) of this section.
(4) The Governor of a State may, with the sanction of a resolution supported by a two-thirds majority of the House of Assembly, request the President to issue a Proclamation of a state of emergency in the state when there is in existence within the state any of the situations specified in subsection (3) (c), (d) and (e) of this section. Such a situation does not extend beyond the boundaries of the state.
(5) The President shall not issue a Proclamation of a state of emergency in any case to which the provisions of subsection (4) of this section apply unless the Governor of the State fails within a reasonable time to request the President to issue such Proclamation.
(6) A Proclamation issued by the President under this section shall cease to have an effect -
(a) if the President revokes it by instrument published in the Official Gazette of the Government of the Federation;
(b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by a two-thirds majority of all the members of each House of the National Assembly approving the Proclamation;
(c) after six months has elapsed since it has been in force:
Provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period for the Proclamation of the state of emergency to remain in force from time to time for a further period of six months by resolution passed in like manner; or
(d) at any time after the approval referred to in paragraph (b) or the extension referred to in paragraph (c) of this subsection, when each House of the National Assembly revokes the Proclamation by a simple majority of all the members of each house".
OKOI OBONO-OBLA
Publisher: Don Martyn L.O
Ikeduru APC Media Hub
08032950897
Ikeduruapcmediahub@gmail.com
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