INTRODUCTION
The term state of emergency can be
defined as a governmental declaration that may suspend some normal functions of
the executive, legislative and judicial powers, alert citizens to change their
normal behaviours, or order government agencies to implement emergence
preparedness plans.
State of emergency can also be used
as a rationale for suspending rights and freedoms, even if guaranteed under the
constitution. Such declarations usually come during a time of natural or man
made disaster, during periods of civil unrest, or following a declaration of
war or situation international or internal armed conflict.
Now a days, in some countries, the
state of emergency and its effects on human rights and freedoms and
governmental procedure are regulated by the constitution and/or a law that
limits the powers that may be invoked. Rights and freedoms may be suspended
during an emergency, for instance, freedom of movement, but not non-derogable
rights. In many countries it is illegal to modify the emergency law or the
constitution during the emergency.
To
make comparative analysis of the emergency rules in Nigeria, detail of the
emergency rules should be accounted for.
STATE OF EMERGENCY IN WESTERN REGION
NIGERIA
State of emergency was not just imposed on western
region like that some events evolving round the political sphere, are what led
to that.
On May 13, 1962, enumeration during
the first really Nigerian census began, and continued for two weeks. As a
result of several irregularities that were noticed, results were eventually
nullified, later conducted more than a year later, November 5-8 1963.
On May, 1962, at a meeting of the
western and mid western executive committee of Action Group (AG), Chief S.L Akintola,
the premier of the AG controlled western Nigeria was forced to defend himself
for antiparty activities.
At the party’s annual convention
held in January 1962 at Jos the bitter disagreements among the leaders of the
party were brought into the open. The disagreement was caused immensely by
differences on tactics between S.L Akintola, the then premier of the western
region and the deputy leader of the party who advocated that the Action group
should enter a federal coalition government, and chief Awolowo Obafemi, leader
of the opposition in the federal parliament, who strongly opposed this view and
also supported a more radical policy in internal Affairs.
The conflicts involved more than
party discipline and a power struggle between the two men. Since 1960, chief
Awolowo, sensing the growing discontent and grumbling among Nigerian youth, had
attempted to woo their votes by transforming the Action Group from a
Yoruba-based, western regional party into a national party with a radical
socialist outlook. He demonstrated that Action group had no future had no
without it. The conflict within the Action Group became a battle between the
young radical led by Awolowo and the businessmen and traditional rules led by chief
Akintola. Later 1961, Chief Obafemi Awolowo asked a group of young leaders to
draft a series of working papers defining democratic socialism. These papers
were brought before the Action Group Federal Executive in December when were
divided by chief Akintola as the work of revolutionary babes who haven’t the
political astuteness to gain the party a single vote.
Also chief S.L. Akintola refused to
accept the continued push by chief Abafemi awolowo and the youngmen to campaign
both in the North and the East. S.L. Akintola argued that the Action group
should face realities and stay in the west.
On May 20 1962, federal executive
committee of Action Group decided to remove him as Deputy Leader of the party
and premier. A majority of the legislative also signed a letter send to the
Governor of the western region, sir Adesoji Aderemi, requesting that chief
Akintola to be dismissed. Accordingly, on May 21, 1962, sir Adesoji Aderemi
Obliged, stating that “he was connived that he (Akintola) no longer enjoyed the
support of the members of the house of assemble”. Alhaji Dawodu Soroye
Adegbonro was asked to form a cabinet, which was sworn in May 23. Rather than
work from the premier’s office (which remained forcibly “occupied” by Akintola
and his supporters) Adeghenro worked from his home residence. On Friday, may
25, a house of Assembly called to debate a motion of confidence in the new
government ended abruptly with a free-for-all fight involving the throwing of
chairs.
For this reason, the prime minister
called for a special session of the federal parliament for 29th May.
On May 29th, 1962, in the
Federal House in Lagos, the prime minister, sir, Abubakar Tafawa Balawa started
a chain of events with the following statement------- I rise to move the
resolution in my name which reads as follows: That in pursuance of section (65)
of the 1960’s constitution of the federation it is declare that a state of
public emergency exist in the western region of Nigerian and that this
resolution shall remain in force until the end of the month of December, 1962”
“After this declaration, the prime
minister went on to give historical reasons why he thought his motion should be
supported by those present. After his lengthy speech, chief Obafemi Awolowo,
leader of opposition in the federal parliament, and leader of the Action Group
that was the ruling (but then conflict ridden) party in the western Region,
said--- I beg to move the following amendment to the motion already
proposed by the prime minister:
“To delete all the words of the motion
after, that and substitute. This honourable house declares that having regard
to the provisions of section 65 of the constitution of the Federation o f
Nigeria a state of public emergency does not exist.
He then went on to argue that the
motion was discriminatory, and would amount to a gross misuse of power if
approved. After voting, Ayes were 32, Noes
were 7 and Abstention – 2, and the motion was passed, giving the federal
Government constitutional powers to take over the administration of western
Nigeria. Thirteen emergency powers (General) regulations 1962 were rapidly
passed by parliament on the same day, and senator the Hon. Dr. Moses Adekoyejo
Majekodunmi was appointed the administrator of western Nigeria.
Conditions that led to declaration of
state of public emergency by prime minister in 1962.
1. The conflict existing in western region
of Nigeria and struggle between political leaders
2. The impeachment procedure of S.L
Akintola as a deputy leader of the party and followed by clashes in the federal
house in Lagos.
Emergency Rule in Plateau State
On Tuesday, May 18 2004, president Olusegun Obasanjo,
citing section 305 of the 1999 constitution, imposed a state of emergency on
plateau state, suspending the elected governor Joshua Dariye and the state
house of assembly in the process.
The president accused the governor of failing to act
to the end a cycle of bloodletting violence between the plateau state’s Muslim
and Christian communities that might have claimed many lives since September,
2001. In a nationwide radio broadcast, Obasanjo stated that Governor Joshua
Dariye had been an indecisive governor and that his failure to intervene firmly
to stamp out sectarian violence had led to the 2 May massacre in the town of
Yelwa. President Olusegun Obasanjo appointed a retired army general Chris
Mohammed Ali who has since been talking tough as interim administrator for the
month.
The representative of the Nigerian people, both in the
senate and the house of representative had voted to endorse the president’s
action. Voting in the legislative chamber cut across party ethnic and religious
lines. The distinguished members had to put their petty political squabbles
aside to instill sanity in the nation’s body polity. In fact, the house leader
then Abdul Ninji’s motion for debate on the issue is noteworthy here. He called
that the house had in past, passed eleven resolutions that condemned ethnic
clashes and Plateau state was on instance over which the president was attached
for inaction. According to him therefore, it would amount to a policy
somersault if the same house failed to back the president in his decisive
action.
Only now that
new emergency power regulation being proposed and tabled for consideration by
the National Assembly, after that same assembly had approved Obasanjo’s move on
a May 19 before the tabling. In a letter to the National Assembly entitled
state of Emergency (Plateau State) proclamation, Emergency powers regulations
and dated may 21, 2004 the president noted that sequel to the state of
emergency, there is urgent need to make consequential regulations for the
administration of the government of the state. The regulations are made under
section 3 of the emergency powers act 1961 (as modified) under section 5 of the
said Act, every regulation so made requires approval by resolution of each
house of the national Assembly within two months of the coming into operation
of the regulations he stated in the letter.
Section 5 of the Act states, every
regulation made under section 3 and every order or rule made in pursuance of
such a regulation shall, without prejudice to the validity of anything lawfully
done there under, cease to have effect at the expiration of a period of two
months from the date upon which it came into operation unless, before the
expiration of that period, it has been approved by resolution passed by both
house of parliament.
The regulations which the president
Obasanjo is now seeking National Assembly approval for are: Emergency Powers
(General Regulations 2004, Emergency powers (Procession and meeting); Emergency
powers (Reporting of persons) regulations 2004; Emergency Powers (Control of
Arms and Explosives) Regulations 2004; Emergency Powers (curfew) Regulations
2004; Emergency Powers (Detention of persons) Regulations 2004; Emergency
Powers (Restriction Orders) Regulations 2004; Emergency Powers (protected
places) regulations 2004.
Emergency Rule in Ekiti as the 1999
Constitution Stipulates
The president of the Federal
Republic of Nigeria, Chief Olusegun Obasanjo, has made a proclamation of a
state of emergency in Ekiti State pursuant to the power conferred on him by
section 305 of the Federal Republic of Nigeria, 1999. This is the second time
in two years that the president would be exercising the power to proclaim a
state of emergency, the first being in Plateau on May 18 2004. The president
sought justification in what he referred to as breaches of the constitution by
members of the Ekiti State House of Assembly. The condition precedent for the
proclamation of state of Emergency relevant to the Ekiti case is contained in
section 305(3)(i) of the constitution, namely, existence of actual breakdown of
public order and public safety in the federal or any point thereof to such
extent as to require extraordinary measures to restore peace and security”.
It follows that the sort of
breakdown of public order contemplated by section 305 of the constitution must
be such as a real as opposed to contrived or simulated breakdown of public
order. In the Ekiti case where the Federal Government Literally folded its
arms and did nothing when the legislators removed the substantive Chief Judge
and appointed an acting Chief Judge without Complying with constitutional
provisions; where unchallenged press reports stated that the president made
it clear that only the Governor should be impeached otherwise the legislators
should not count on his support; where the police accorded all the factions
full official police orderlies as distinct from regular police protection,
there can be little doubt that the breakdown of public was real.
COMPARATIVE ANALYSIS OF 1963, 2004 AND
2006 ENFORCEMENT OF EMERGENCY RULE IN NIGERIA
Making comparative analysis of the
enforcement of emergency rules certain factors should be considered to know if
the proclamation was constitutional or not.
In 1963, 2004 and 2006 was there
actual breakdown of public order?
The
conflicts that persisted among political leaders in the western region
contributed the proclamation in 1963. Then on Friday 25 May, 1962 a House of
Assembly meeting called to debate a motion of confidence in the new government
ended abruptly with a free-for-all fight involving throwing of chairs in the
parliament. This caused the prime mister to call for a special session of the
federal parliament on 29 May, 1962 in the Federal House in Lagos, the Prime
Ministers, Sir Abubakar Tafewa Balewa began a chain of events (proclamation).
The breakdown of law in the western region is the free-for-all involving
throwing of chairs in federal house during called for meeting to debate a
motion of confidence in the new government. The declaration was in accordance
with session 65 of 1962 Federal Constitution, the duration was six months and
appointment of an administrator who will be in charge of western region was not
a military officer, the person of Hon. Dr. Moses Adekoyajo Majikodunmi.
The emergency rule in plateau state, 204, the
breakdown of public law or order, was inability of Governor Joshua Dariye and
Plateau state house of assembly to control crisis in Jos between Muslim and
Christian communities since 2001 . The regulations are made under section 3 of
the emergency power Act 1961 (as modified) under section 5 of the said Act,
every regulation so made requires approval by solution of each house of the
National Assembly. The administrator appointed by then was a military officer,
retired army general Chris Mohammed Ali for the period of six months.
The Ekiti State 2006, the proclamation was as a result
of breakdown of public order. There have been arguments to the effect that
alleged violation of the constitution by all parties to the crisis. The remove
of substantive Chief Judge by the Ekiti State legislature and replace with
Acting Chief Judge of the Ekiti State without complying with constitutional
provisions. Where unchallenged press reports stated that the president made it
that only the Governor should be impeached otherwise should not count on his
support.
The military Administrator who replaced the governor
of the state was Brigadier General Tunji Olurin. In his addresse to the Nation,
President Olusegun Obasanjo catalogue series of violation of Nigeria Constitution
especially section 292 subsection (ii) and section 271(i) all in the bid to
remove Governor Fayose.
Summary of
the difference on conditions in which emergence rules was imposed on 1963, 2004
and 2006
1. The
conditions that was considered as breakdown of public order in their course of
the declaration in 1963, 2004 and 2006 were not same factors.
2. 1963
enforcement of the emergency rules in western region, the administrator that
was appointed was non-military officer Hon. Dr. Moses Adekoejo Majekodunmi.
3. The
declaration of emergency rules in western region Nigeria in 1963 was invoked
from section 65 of 1960 federal government constitution while emergency
regulation 2004 and 2006 invoked from section 305 and it is a modification of
1962 constitution.