UNDERSTANDING STATE OF EMERGENCY IN NIGERIA
UNDERSTANDING STATE OF EMERGENCY IN NIGERIA
By:
Nurudeen Dauda
Ist April, 2019
nurudeendauda.blogspot.com
To begin with, there is an ongoing clamour by some Nigerians for the declaration of State of Emergency in Zamfara state over incessant killings by Armed bandits.The government must be reminded that its primary responsibility is protection of lives and property of its citizens. It appears that we must change our strategy of fighting insecurity if we must nip it in the bud.
It is clear that, Section 305 of the 1999 constitution provided for the declaration of State of Emergency if the situation demands, but however, unlike what many Nigerians believe , it does not mean "removing" State Governor or House of Assembly as pronounced by the Supreme Court In 2006. See the Supreme Court judgement in the case of Plateau State of Nigeria and Another v Attorney General of the Federation and Another (SC 113/2004)[2006] NGSC 39 (20 January 2006).
Permit me to ask, why would we always wait for criminals to strike first before we respond. Why can't we work on preventive measures? Where are our Intelligence community?
Are they properly equip or are on leave? It baffles me to note that, as a country we usually wait for Kidnappers to Kidnap a high profile person before we begin to trail them.
The government whether through State of Emergency or otherwise should and or must find a lasting solution to the problem of killing armless citizens not only in Zamfara state but all over the federation .
However, State of Emergency entails the following : it is aimed at giving the government a wide range of special powers to deal with the situation at hand. It is a situation where the government takes extraordinary measures which would not normally be permitted in order to perform all actions necessary to restore normalcy.
Furthermore, Issues such as search warrant or warrant of arrest are temporarily suspended for the time being. It also means taking possession and control of any building or structure used for criminal or terrorists purposes, the lock-down of any area of criminal or terrorist operation, the conduct of searches, and the apprehension of persons in illegal possession of weapons. It involves the deployment of more security forces . However, Human Rights issues usually take the back seat.
The History of State of Emergency in Nigeria. The first declaration was in the defunct Western Region in I962 following the Action Group,AG, Intra-party crisis.The Democratic structures were removed. Mr Majekodunmi was appointed as administrator for six months. It happened under the 1961 Emergency Powers Act.
The second in history and the first under the 1999 constitution was in May 18, 2004 by President Obasanjo in Plateau State due to the ethno-religious crisis of the time .GovernorJoshua Dariye and the Plateau State House of Assembly were removed. He appointed General, Chris Ali, as interim administrator for six months. However, the removal of democratic structures was faulted by the Supreme Court as mentioned in the case above.
The third was still under President Obasanjo in Ekiti State In 2006 following a purported constitutional crisis sparked off by the impeachment of Governor, Ayo Fayose and his deputy Biodun Olujimi. He removed democratic structures and appointment a sole administrator, Major General Tunji Olonrin for six months. However, The Supreme Court had on April 14, 2015 declared that the 2006 impeachment of Governor Fayose was “illegal and unconstitutional.”
The fourth was by President Jonathan on the 14th May 2013 where Borno, Yobe and Adamawa states became under emergency rule, but is it important to note that all the elected leaders were retained.
In my view , for the government to tackle the security situation in the country , it should invest more on the Intelligence Departments or units of its various security agencies. Let's strengthen our Intelligence. The use of Intelligence would lead to proactive security whereby information on intending crimes perpetrators would be gotten before commiting it.
Our security agencies must focus more on "proactive " rather than "reactive" security approach. We should also focus on technology driven security approach.
It is sad to note that, some community leaders are alleged to be collaborating with criminals. Let's make sure that only honest, credible and patriotic people are appointed as community leaders in order to help the security agencies with credible Intelligence.
May God bless Nigeria!