President Goodluck Jonathan yesterday declared a state of emergency in the northern states of Yobe, Borno and Adamawa. Following the recent spate of terrorist activities in the affected states, he said, government had to take extraordinary measures.
“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 president declared.
In a live broadcast on national television and radio at 7pm, Jonathan noted that it had become necessary for him to address Nigerians “on the recent spate of terrorist activities and protracted security challenges in some parts of the country, particularly in Borno, Yobe, Adamawa, Gombe, Bauchi, Kano, Plateau and most recently Bayelsa, Taraba, Benue and Nasarawa states”, lamenting that “these unfortunate events have led to needless loss of lives and property of many innocent Nigerians including members of our security forces”.
He vowed that the federal government would fish out the insurgents from wherever they are hiding and bring them to book. “The recent killing of security operatives by a cult group in Nasarawa State is particularly condemnable. I have directed that no effort or expense be spared in identifying and bringing to justice all those who had a hand in the killing of the operatives,” he stated.
But the president did not dismantle existing executive and legislative structures in the states. He said: “In the meantime, let me make it clear that, within the purview of this proclamation, the governors and other political office holders in the affected states will continue to discharge their constitutional responsibilities.
“I want to reassure you all that those who are directly or indirectly encouraging any form of rebellion against the Nigerian state, and their collaborators; those insurgents and terrorists who take delight in killing our security operatives, whoever they may be, wherever they may go, we will hunt them down, we will fish them out, and we will bring them to justice. No matter what it takes, we will win this war against terror.”
Asking soldiers to take full charge of the affected states, Jonathan said, “The troops and other security agencies involved in these operations have orders to take all necessary action, 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.”
The president, who noted that he would transmit details of his proclamation to the National Assembly “in accordance with the provisions of the Constitution”, added: “I urge the political leadership in Borno, Yobe and Adamawa states to cooperate maximally with the armed forces and the police to ensure that the exercise succeeds. We call on the citizenry to cooperate with our security agencies to ensure a return to normalcy within the shortest possible time.”
Senate, Reps back emergency rule
Meanwhile, the Senate and the House of Representatives have backed Jonathan over the declaration of emergency rule in Borno, Yobe and Adamawa states.
The chairman of the Senate Committee on Information, Media and Public Affairs, Enyinnaya Abaribe, yesterday disclosed that the Senate was in full support of the state of emergency declared in the affected three states.
Abaribe told LEADERSHIP on phone that the Senate would give its approval to President Jonathan’s declaration of emergency rule in the three states when he transmits the declaration to the Senate.
Also, the House of Representatives yesterday backed the resolution of the presidency.
The House of Representatives spokesman, Hon. Zakari Mohammed (PDP Kwara), said on phone that “it is a right step in the right direction” and that the House was “fully in support of the presidency’s resolution since this is in the interest of the security of the nation”.
The declaration of the state of emergency has been met with stiff criticism by the governors of Yobe, Borno and Adamawa states.
LEADERSHIP gathered that the Borno and Yobe caucus of the House met for several hours apparently to discuss and strategise on the potential move of the presidency to hand over the security apparatus of the affected states to the army.
Gov Akpabio applauds Jonathan
The Chairman of the Peoples Democratic Party (PDP) Governors’ Forum and Akwa Ibom State Governor Godswill Akpabio has applauded President Goodluck Jonathan over his declaration of emergency rule in Yobe, Borno and Adamawa states.
Akpabio, who stated this yesterday while reacting to the broadcast by Jonathan, also commended the president for not tampering with the elected governors and other democratic structures in the three states.
According to him, the president has displayed unusual wisdom in retaining the democratic structures and allowing them to function and support the security forces in order to restore law and order in the three states.
Akpabio further denied any involvement in a meeting with other governors to oppose declaration of emergency rule in troubled states.
CAN secretary killed in Borno
Meanwhile, barely an hour after Jonathan emergency rule in Borno, Yobe Adamawa states, the Secretary of the Christian Association of Nigeria (CAN) in Maiduguri, Rev Faye Pama Musa was yesterday shot dead inside his Maiduguri residence by unknown gunmen.
LEADERRSHIP gathered that the late Rev Pama was the Head Pastor of a Pentecostal church in Maiduguri, the headquarters of Boko Haram. He was said to have been trailed to his residence by two gunmen who shot him at close range at about 8pm last night.
CAN has confirmed the death of Rev Pama, describing it as sad.
The CAN, which spoke through Kenny Asaka, the media aide of CAN President, Pastor Ayo Oritsejafor, also said that the CAN boss received the news with heavy heart.
Falana backs Jonathan, wants end to impunity
Human rights activist Mr Femi Falana (SAN) also backed Jonathan over the declaration of emergency in the states, saying that the president must ensure that impunity is brought to an end in the country.
In a statement made available yesterday, Falana said, “While appealing for approval of the declaration, the National Assembly should appropriate adequate funds for upgrading the security of the nation. In the face of incessant terrorist attacks, kidnapping, armed robbery and other violent crimes the federal government ought to stop paying lip service to the security of life and property in the country. It is not sufficient to deploy more troops to the affected states if the terrorists and other nihilist groups have more sophisticated weapons than the Joint Task Force.
“However, President Jonathan deserves commendation for acting within the ambit of the constitution. Unlike President Olusegun Obasanjo who illegally removed elected governors under the guise of a state of emergency, President Jonathan has not dissolved democratic structures in the affected states. That is in order because an elected governor can only be removed by impeachment, resignation or on ground of infirmity of body or mind and NOT through a state of emergency. For the avoidance of doubt the proviso to section 11 (4) of the constitution which empowers the National Assembly to take over the legislative powers of a state in case of emergency states that ‘nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office’. Having complied with the constitution with respect to the state of emergency in three states, President Jonathan should henceforth demonstrate to Nigerians that the days of presidential impunity are gone forever in the country.”
Our fears - ACF
But the Arewa Consultative Forum yesterday kicked against the state of emergency declared by President Jonathan. The ACF, in a one paragraph statement by its spokesman Anthony , simply said “We had earlier expressed our doubt about the workability of the state of emergency in bringing to an end the security challenges”.
… Coming too late -- Reps minority leader
The deputy minority leader of the House of Representatives, Hon Suleiman Kawu Sumaila (ANPP, Kano), has said that the declaration of a state of emergency in Borno, Yobe and Adamawa states came too little too late and will not stop the terrorist attacks in the affected states.
Kawu, whose state is also being attacked but not on the list for emergency rule, said in a press statement issued last night that the action would have been effective two years ago and not now that only a civil process can make a difference.
He said, “This is what we have told them to do since two years ago but they refused. It appeared to us then that the executive was enjoying what was happening. Now it is too late because the crisis can only be solved through civil means and not military.
“For two years the president refused to visit those areas. Even when there was a massacre in Baga, as commander-in-chief, he again failed the people by refusing to go and see things for himself and comfort the people.
“The government refused to act at the appropriate time and now it’s only reacting when the situation has deteriorated.”
CPC backs emergency rule
The Congress for Progressive Change (CPC) has also supported President Jonathan over his declaration of emergency in Yobe, Borno and Adamawa states, saying that there is the need to restore peace to the troubled states.
The CPC stated this during a telephone interview by its National Publicity Secretary, Mr Rotimi Fashakin.
He said, “Yes, the President has full view of things more than anyone by virtue of his privileged position. He is empowered by the Nigerian constitution to declare state of emergency in these states. The fact that the political structures have not been dismantled makes it different from what his predecessor did.
“The situation in these states is dire and behoves all of us as citizens to rally round the president and ensure that peace is restored to the region. As a party, we hope this latest action will bring the elusive peace”.
HURIWA supports Jonathan
The Human Rights Writers’ Association of Nigeria (HURIWA) yesterday threw its weight behind President Jonathan’s declaration of partial state of emergency in the terrorism-afflicted north-eastern states of Borno, Yobe and Adamawa.
The rights group, however, urged all democrats including leading political opposition figures to rally round the president in this bold attempt to, once and for all, clinically tackle and frontally confront the hydra-headed monster of violent terrorism anywhere in Nigeria.
HURIWA, in a release signed its national coordinator, Comrade Emmanuel Onwubiko, and national media affairs director, Ms Zainab Yusuf, asked President Jonathan to disband the presidential committee on amnesty to terrorists headed by his minister for special duties Mr Tanimu Turaki (SAN], noting that the continuous negotiation with “mass murderers” will inevitably undermine the constitution of Nigeria and embolden law breakers and prospective terrorists and criminals to have a false sense of confidence and belief that terrorism and violence pays.
What The 1999 Constitution Says On Emergency Rule
305. (1) Subject to the provision of this constitution, the President may be 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 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; or (g) the President receives a request to do so In accordance with the provisions of subsection (4) of this section.