Femi Falana, a senior advocate of Nigeria (SAN), says it
will be “dangerous” for the federal government to declare emergency rule in
Anambra in the attempt to “remove” Willie Obiano, governor of the state.
The federal government had, on Wednesday, threatened to
declare a state of emergency in Anambra to ensure that the November 6
governorship election in the state takes place.
The threat followed a series of violent attacks in the
state.
Reacting in a statement, Falana said while the constitution
gives the president power to declare a state of emergency in any part of the
country, he has no power to remove an elected governor.
“The power of the
President to impose emergency rule 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,” the statement reads.
“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
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 PDP-led Federal Government later jettisoned the illegal practice.
“Hence ex-Presidents Umaru Yaradua 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.”
The senior lawyer advised President Muhammadu Buhari to seek
legislative approval to back the deployment of armed forces in Anambra, and
other states where the federal government is currently conducting
counter-insurgency operations.
Click to signup for FREE news updates, latest information and hottest gists everyday
Advertise on NigerianEye.com to reach thousands of our daily users
No comments
Post a Comment
Kindly drop a comment below.
(Comments are moderated. Clean comments will be approved immediately)
Advert Enquires - Reach out to us at NigerianEye@gmail.com