State of Emergency Declared in by Nigeria in three states(Borno,Yobe and Adamawa
UNDERSCORING his administration's
determination to confront the growing
incidence of violence and insecurity in the
country, President Goodluck Jonathan on
Tuesday declared a state of emergency in
three northern states of Borno, Yobe and
Adamawa.
Justifying the need for the measure,
Jonathan bemoaned the breakdown of
law and order in the affected states, parts
of where he said insurgents had taken
over.
Jonathan, who announced this in a
national television broadcast, said the
details of the emergency rule
proclamation would be transmitted to the
National Assembly.
He said, "Following recent developments
in the affected states, it has become
necessary for Government to take
extraordinary measures to restore
normalcy. After wide consultations, and in
exercise of the powers conferred on me
by the provisions of Section 305, sub-
section 1 of the Constitution of the
Federal Republic of Nigeria 1999 as
amended, I hereby declare a state of
emergency in Borno, Yobe and Adamawa
states.
"Accordingly, the Chief of Defence Staff
has been directed to immediately deploy
more troops to these states for more
effective internal security operations. The
troops and other security agencies
involved in these operations have orders
to take all necessary actions, within the
ambit of their rules of engagement, to put
an end to the impunity of insurgents and
terrorists.
"This will include the authority to arrest
and detain suspects, the taking of
possession and control of any building or
structure used for terrorist purposes, the
lock-down of any area of terrorist
operation, the conduct of searches, and
the apprehension of persons in illegal
possession of weapons.
"I urge the political leadership in Borno,
Yobe and Adamawa states to co-operate
maximally with the Armed Forces and the
Police to ensure that the exercise
succeeds. We call on the citizenry to co-
operate with our security agencies to
ensure a return to normalcy within the
shortest possible time."
Before the presidential broadcast,
Jonathan had earlier in the day met with
the governors of Borno and Yobe states,
Kashim Shetima and Ibrahim Geidam,
respectively.
Nasarawa, where members of a cult
group, Omatse Militia, murdered 30
policemen late last week, however,
escaped emergency rule.
Curiously, however, the President said
the governors and other elected officers
of the three affected states would remain
in office during the emergency rule, a
measure that senior lawyers, Itse Sagay
and Femi Falana, hailed on Tuesday.
President's powers
SECTION 305 of the 1999 Constitution
provides for the imposition of a state of
emergency in the country or any part of
it. The section empowers the president
to issue the declaration by way of official
gazette.
Sub-section 3 (a-f) of the relevant section
states: The President shall have 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
clearly constitutes a threat to the
existence of the Federation.
Prelude to emergency
The President said the emergency
declaration became imperative because
the violence in the states had defied
various efforts by the government,
including persuasion, dialogue and
consultation.
He said from the various consultations he
had with security chiefs and other
stakeholders since he aborted his last
foreign trip, it had become clear that the
violence was no longer about mere
militancy but what he called "a rebellion
that poses great threat to the nation's
unity and territorial integrity."
He said, "The activities of insurgents and
terrorists have been reprehensible,
causing fear among our citizens and a
near-breakdown of law and order in parts
of the country, especially the North. We
have taken robust steps to unravel and
address the root causes of these crises,
but it would appear that there is a
systematic effort by insurgents and
terrorists to destabilise the Nigerian state
and test our collective resolve.
"Since I returned to the country after
cutting short my visit to South Africa and
aborting a planned state visit to Namibia,
I have received detailed briefings from
our security agencies. These briefings
indicate that what we are facing is not just
militancy or criminality, but a rebellion
and insurgency by terrorist groups which
pose a very serious threat to national
unity and territorial integrity. Already,
some northern parts of Borno State have
been taken over by groups whose
allegiance is to different flags and
ideologies.
"These terrorists and insurgents seem
determined to establish control and
authority over parts of our beloved nation
and to progressively overwhelm the rest
of the country. In many places, they have
destroyed the Nigerian flag and other
symbols of state authority and in their
place, hoisted strange flags suggesting the
exercise of alternative sovereignty.
"They have attacked government
buildings and facilities. They have
murdered innocent citizens and state
officials. They have set houses ablaze, and
taken women and children as hostages.
These actions amount to a declaration of
war and a deliberate attempt to
undermine the authority of the Nigerian
state and threaten her territorial
integrity. As a responsible government,
we will not tolerate this.
"Previously, we adopted a multi-track
approach to the resolution of this
problem through actions which included
persuasion, dialogue and widespread
consultation with the political, religious
and community leaders in the affected
states.
"We exercised restraint to allow for all
efforts by both State Governors and well-
meaning Nigerians to stop the repeated
cases of mindless violence.
"Yet, the insurgents and terrorists seek to
prevent government from fulfilling its
constitutional obligations to the people as
they pursue their fanatical agenda of
mayhem, mass murder, division and
separatism."
Senate's approval
The Senate on Tuesday said the
proclamation of state of emergency in the
three states was capable of stemming the
tide of insecurity in the states.
Leader of the Senate, Senator Voctor
Ndoma-Egba, told The PUNCH on the
phone after the broadcast by the
President that the formal communication
was being expected as prescribed by law.
He said, "It is my hope that the state of
emergency in the states will stem the
tide of insecurity.
"The state of emergency did not remove
the democratic institutions, but entails
the increase of troops deployment to the
affected areas."
It may not work -ACF
The umbrella political body for the
northern states, Arewa Consultative
Forum, in a prompt reaction to the
President's proclamation on Tuesday said
it doubted the workability of the
emergency rule.
Spokesman for the ACF, Mr. Anthony
Sani, in an electronic mail message to our
correspondent in Kaduna, reiterated the
earlier stance of the group that a state of
emergency was not workable to curb
insurgency in the region.
"We had earlier expressed our doubt
about the workability of a state of
emergency in bringing to an end the
security challenges," he said.
The northern leaders' preferential
solution to the violence in the north had
been that the Federal Government should
grant amnesty for the Boko Haram
insurgents. Led by the Sultan of Sokoto,
Abubakar Sa'ad, seen as the spiritual head
of Muslims in the country, notable
northerners had canvassed the amnesty
option for peace to reign in the region
though leader of the sect, Abubakar
Shekau, had rejected any amnesty to be
offered by government.
Shekau had indeed mocked the idea by
saying the government should rather beg
his group for amnesty.
That notwithstanding, the government
had recently set up a committee to
determine the propriety or otherwise of
granting amnesty to Boko Haram
members.
Support from , PDP, CPC, CAN
The Congress for Progressive Change and
the Northern chapter of the Christian
Association of Nigeria on Tuesday
appealed to Nigerians to rally round the
President in this trying period.
They said this in separate reactions to the
proclamation of a state of emergency in
Borno, Yobe and Adamawa.
Spokesman for the CPC, Mr. Rotimi
Fashakin, told one of our correspondents
on the telephone that it was gratifying to
note that the President did not remove
any of the political office holders in the
affected states.
Fashakin said, "We need to rally round the
President in this trying period. We pray
that with this action, peace will eventually
return to the states.
"However, it is gratifying that the
President did not behave like a former
President who removed the political
structures when he declared a state of
emergency in some states.
"The action of President Jonathan has
shown that the choice made by the
people through the ballot would not be
denied them. May God help our country."
Ex-President Olusegun Obasanjo in the
two instances had imposed emergency
rule on Ekiti and Plateau states during his
tenure between 1999 and 2007. He
removed the governors and collapsed all
democratic structures in the affected
states while the emergency rule lasted.
Public Relations Officer of the Christian
Association of Nigeria in the 19 Northern
states and Abuja, Mr. Sunny Olibe, also
said though belated, the President's
action was a right step in the right
direction.
He said, "The declaration of emergency
rule by Mr. President did not come as a
surprise considering the degree of
hostilities by the Boko Haram Islamic
sect.
"No wise President will watch part of his
country being taken over by lawless
criminals without acting. It is the right
step, though belated considering the
number of lives lost."
The ruling Peoples Democratic Party
declared support for the President for
taking the step.
A statement by the National Publicity
Secretary of the party, Chief Olisa Metuh,
said the party would support every action
taken by the President to restore peace
to any part of the country.
"The PDP supports the President on all
actions that will restore stability, peace
and progress in the body polity," Metuh
said.
ANPP, ACN uncommitted
The Action Congress of Nigeria on
Tuesday said it was watching the
situation.
National Publicity Secretary of the Party,
Alhaji Lai Mohammed, said, "We are still
studying the situation." The All Nigeria
Peoples Party however said it was still
consulting to prepare an appropriate
response.
National Publicity Secretary of the party,
Chief Emma Eneukwu, said, "We are still
consulting to see whether we will address
the press tomorrow."
Jonathan in order - Sagay, Falana
Two Senior Advocates of Nigeria, Itsay
Sagay and Femi Falana, said Jonathan
acted within constitutional provisions by
not hiding under the declaration of a state
of emergency to remove the governors of
the affected states.
Both SANs, who spoke separately with
our correspondents after the the
President's address, said the constitution
gave no room for the removal of a
governor of a state where a state of
emergency was declared.
They both came hard on Obasanjo, who
according to them, indulged in "blatant
illegality" and "constitutional anomaly" by
removing sitting governors under the
pretext of a state of emergency.
Citing Section 11 (4 and 5) of the
constitution, both Sagay and Falana said
that even with its endorsement of the
declaration by the President , the
National Assembly, cannot go ahead to
remove the governors of the affected
states.
Sagay said, "What Obasanjo used to do
was blatantly unconstitutional and illegal.
A state of emergency does not affect the
sitting governor or the state house of
assembly at all.
"If you look at Section 11 (4 and 5) of the
Constitution, you will see that a state of
emergency does not affect the tenure of
the governor or the House of Assembly.
The President has kept to the
Constitution. If he had declared any other
thing, it would have been illegal."
Falana noted that Jonathan had not
followed "the dangerous precedent of ex-
President Obasanjo, who hid under the
state of emergency to remove elected
governors."
He said it was still impossible for a
governor to be removed even when the
National Assembly took over the
legislative responsibilities of the House of
Assembly of a state.
