Falana, Anambra Govt Fault Planned Move To Impose State Of Emergency In Anambra
A Senior Advocate of Nigeria (SAN), Femi Falana and the Anambra State Government have faulted the planned move by the Federal Government to impose a state of emergency in the south-eastern state.
As part of measures to tackle the worsening insecurity in Anambra especially as the state holds a governorship election on November 6, the Federal Government had hinted at the possibility of invoking the emergency rule to tighten security.
The Minister of Justice and Attorney General of the Federation, Abubakar Malami, announced this on Wednesday after the Federal Executive Council meeting chaired by President Muhammadu Buhari.
However, Human Rights lawyer Femi Falana(SAN) said despite the powers given to the President by the Constitution, an “elected state governor can only be removed by impeachment or resignation”.
The statement read, “Section 305 of the Constitution provides that the President shall have the power to issue a Proclamation of a state of emergency if 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 or 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.
“Such emergency rule will lapse if it is not supported by a resolution by a two-thirds majority of all the members of each House of the National Assembly approving the Proclamation within two days after the publication in the Gazette or within 10 days when the National Assembly is not in session.
“It is pertinent to note that the President shall not issue a Proclamation of a state of emergency in any State unless the Governor of the State fails within a reasonable time to make a request to the President to issue such Proclamation. The power of the President to impose emergency rules is limited to the adoption of extraordinary measures to restore law and order or peace and stability. In other words, if a State of emergency is validly declared in any State or in the entire country, the President is empowered to deploy troops and take other extraordinary measures to restore law and order.
“Since 2015, President Buhari has imposed emergency rule in Borno, Yobe, Adamawa, Zamfara, Kaduna and Katsina states by deploying members of the armed forces to assist the police in the restoration of law and order. The President has adopted such extraordinary measures without seeking the approval of both chambers of the National Assembly.
“In other words, since the emergency rule imposed on the North East region by President Goodluck Jonathan expired by effluxion of time President Buhari has not renewed or extended it. The National Assembly has not challenged the illegal emergency rule imposed without any declaration as stipulated by section 305 of the Constitution.
“To that extent, I want to believe that the Buhari administration has just realised that the deployment of troops without the declaration of emergency rule in many states of the Federation is illegal and unconstitutional. Hence, the threat issued by the Attorney-General of the Federation is an attempt to return to constitutionalism with respect to the imposition of emergency rule in Anambra State and other States in the North West, North East and South-East regions where the Federal Government is waging a full-scale war against terrorists and the so-called gunmen.
“I wish to submit, without any fear of contradiction, that nowhere in the Constitution has the President been vested with the power to remove the elected Governor of a State and suspend democratic structures. The Governor of a State can only be removed by impeachment or resignation and not by imposition of emergency rule.
“In the same vein, the tenure of legislators is 4 years in line with the provisions of the Constitution. Even though former President Olusegun Obasanjo removed two Governors via the imposition of emergency rule, the Peoples Democratic Party-led Federal Government later jettisoned the illegal practice. Hence ex- Presidents Umoru Yar’Adua and Goodluck Jonathan never used emergency rule to remove elected governors or suspend legislative houses and local government councils.
“Indeed, the Federal Government has since realised that it is unjust and immoral to remove a Governor of a State since the President exclusively controls the armed forces, the police and other security agencies. To that extent, the Federal Government should drop the dangerous plan to remove the Governor of Anambra State and impose a Sole Administrator on the eve of the forthcoming gubernatorial election in the State.
“No doubt, troops have been deployed in Anambra State by the President in order to end the reckless killings and wanton destruction of properties by the so-called gunmen. To ensure that the forthcoming governorship election is successfully conducted by the Independent National Electoral Commission, the President may wish to adopt other extraordinary measures in Anambra State. However, the President is advised to seek legislative approval to legitimise the deployment of members of the armed forces in the State and other states where the Federal Government is currently conducting counter-insurgency operations. But the Federal Government should not hide under emergency rule to remove elected governors and suspend democratic structures in any State of the Federation.”
But the Anambra Government, through its Commissioner for Information, Don Adinuba has condemned the move, alleging that insecurity in the state is politically motivated.
“Since the renewed violence in Anambra State which we believe is politically motivated, not more than 15 persons have been killed. How many persons have died in Borno, Niger, Kaduna, Yobe, Zamfara, even Imo, which is APC-controlled; Ebonyi, which is APC-controlled?” he asked during an interview on Channels Television’s Politics Today on Wednesday.
The commissioner said the state has witnessed about 15 killings in the past few weeks, unlike some north-western and north-eastern states that are worst hit by banditry and terrorism.
Making reference to Borno, Niger, Kaduna, Yobe, and Zamfara which are controlled by the ruling All Progressives Congress (APC), the commissioner slammed the Minister of Justice for mulling a state of emergency in Anambra.
“Has anybody threatened emergency rule in any of these states? For the past seven years, Anambra has remained the safest, [and] most stable in Nigeria.
“We remain the only state in the whole country that, for the past seven years, has not experienced one single bank robbery; what is going on is politically motivated and the declaration by the honourable Attorney-General of the Federation is a confirmation,” the commissioner insisted.
