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Tag: Emergency rule

  • Emergency Rule: NBA leadership not fighting enough for our democracy — Centre claims

    Emergency Rule: NBA leadership not fighting enough for our democracy — Centre claims

    The Centre for Constitutional Watch (CCW) has criticised the leadership of the Nigerian Bar Association (NBA) for what it called a “muted, convenient reaction” to the emergency rule in Rivers State.

    In a statement signed by its Executive Director, Dr. Hassan Bello, and issued on Saturday, the group faulted the NBA’s decision to relocate its 2025 Annual General Conference from Port Harcourt to Enugu, saying the move fell short of the bold stance expected from the legal body.

    “The relocation is not a strong enough statement against the illegal and shameful occupation of power in Rivers,” the CCW said.

    The group added that Nigerians had hoped the NBA would spearhead a national resistance to what it described as “the creeping military democracy that is slowly strangling our Constitution.”

    “You cannot applaud a doctor who simply walks away from a dying patient. By merely relocating their conference, the NBA is walking away from the heart of the crisis. Nigerians expected more. They expected resistance. They expected outrage,” Kura stated.

    Read Also: Women march in Rivers, demand reversal of emergency rule

    “Rivers State is under siege. The courts are silent. The constitution is being desecrated in broad daylight. Yet, the supposed custodians of the law are making travel plans instead of leading the charge for justice.”

    The CCW demanded more tangible action from the NBA, including the declaration of a one-month boycott of all courts in Nigeria to signal zero tolerance for the “unconstitutional sole administrator model”.

    “This is not the time for cautious statements. The NBA should be declaring a national legal crisis. Their silence in the face of tyranny amounts to complicity,” the statement added.

    “You do not fight dictatorship by changing venue. You fight dictatorship by taking the fight to the courtrooms, the streets, and the national conscience.

    “If lawyers retreat from a constitutional battle, who then will stand for Nigeria’s democracy?

    “The sole administrator is an aberration. The NBA must pursue this matter to the Supreme Court and lead public interest litigation that nullifies this political atrocity.”

    The CCW called on well-meaning civil society organisations, student groups, and professional bodies to demand more from the NBA, insisting that the rule of law cannot survive if those entrusted with its defence choose convenience over courage.

  • Emergency rule: Tinubu saved Rivers from bloodbath, says lawyer 

    Emergency rule: Tinubu saved Rivers from bloodbath, says lawyer 

    A Port Harcourt-based legal practitioner, Mr. Princewill Dike, has hailed the declaration of emergency rule in Rivers State, saying President Bola Tinubu, acted proactively to prevent looming anarchy and bloodbath in the state.

    Dike said the President acted within his powers pursuant to Section 305 of the 1999 Constitution, as amended, explaining that in Section 14, subsection 2 of the Constitution the government is saddled with the primary function of protecting lives and property anywhere in the country including Rivers.

    Speaking in Port Harcourt on Wednesday, the legal practitioner emphasised that lives and property of members of the public were already threatened following the initiated process to remove the  Governor Siminalayi Fubara by the House of Assembly. 

    Dike observed that individuals and groups from a particular ethnic nationality were already threatening the safety of non-indigenes in Rivers and Federal Government critical assets in the state 

    He said their comments constituted a serious security threat not only to Rivers, but also the entire country, adding that their actions could have spillover effects on other states. 

    Dike said he was worried that despite the threats,  the suspended Governor could not publicly condemn them, or direct security agencies to apprehend the masterminds. 

    He further said it was worrisome that the governor at an event after the Supreme Court judgement, told youths not to be perturbed that he would give them directive at the appropriate time. 

    Dike said: “The declaration of State of Emergency in Rivers State by President Bola Ahmed Tinubu is in tune with Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

    “In addendum to the foregoing, Section 14, subsection 2 of the self-same grundnorm declares that the primary function of government is protection of lives and property.

    “Now, question is: were lives and property threatened in Rivers State prior to the declaration of the State of Emergency? The answer is in the affirmative!

    “The suspended Governor Siminalayi Fubara, the leadership of Ijaw National Congress, and some militants had threatened violence should Fubara be impeached. And soon after that, some oil facilities were blown up.

    Read Also: Tinubu flags off phase 2B access road to 2nd Niger Bridge

    “Again, Governor Fubara’s reluctance in presenting the 2025 Appropriation Bill to the Amaewhule-led House of Assembly as adjudicated by the Supreme Court, heightened tension in the wider spectrum of the state.

    “So, Mr. President acted proactively to forestall total  breakdown of law and order in the state, and didn’t behave like Emperor Nero who fiddled while Rome burned.”

    Dike noted that President Tinubu was not the first to declare a state of emergency in the country and wondered why Rivers’ case should be given tribal coloration. 

    He said: “And don’t forget, President Obasanjo  set the precedence in declaration of State of Emergency in Plateau State (2004) and Ekiti State (2006).

    “Goodluck Jonathan too, did in the following states: Adamawa, Borno, and Yobe States (2013-2015). So, what is the hullabaloo about that of Rivers State?”

  • ‘Why Reps rejected emergency rule extension’

    ‘Why Reps rejected emergency rule extension’

    The House of Representatives has explained why it rejected President Goodluck Jonathan’s request for extension of the emergency rule in Borno, Yobe and Adamawa for the third time.

    At a briefing on Thursday, the Chairman of the House committee on Media and Public Affairs, Zakari Mohammed, gave reasons why lawmakers rejected the proposed extension.

    He said, “Based on Hon. Leo Ogor’s motion, we have not extended the emergency rule, rather we have asked the President to rely on the Section 8 of the Armed Forces Act which empowers him to deploy the military to troubled spots of the country. We relied on that bearing in mind that if we had approve this today, it would have been the fourth in the series.

    “You remember emergency rule started in May 2013 and therefore, we have done three extensions. If we had extended today, that would have been fourth in the series and anything you are doing, you should be able to take stock to be able to see whether or not that action you are taking is yielding results.

    “We would be doing more good if Mr. President relies on that more because if we are adopting a particular stand and is not giving us desired result, we should be able to change course.

    “And the armed forces should be empowered to deploy soldiers or members of the armed forces to any troubled point of this country for them to take necessary action. So, I think that is what came out from the executive session we had where this issue was looked at closely.”

     

  • Niger governor backs extension of emergency rule

    Niger governor backs extension of emergency rule

    The Chairman, Northern States Governors Forum (NSGF), Dr. Mu’azu Babangida Aliyu, has endorsed President Goodluck Jonathan’s request for extension of emergency rule in the troubled north eastern part of the country.

    He, however, opposed the dismantling of the democratic structures in the three affected states of Adamawa, Borno and Yobe, saying such action will be unconstitutional.

    Aliyu spoke on Wednesday after he was screened for the National Assembly election by the National screening committee of the Peoples Democratic Party (PDP), at the party secretariat in Minna.

    The Niger State governor argued that the extension of emergency rule in the affected states should not be viewed from the point of performance of the security operatives in the region but from the perspective that Nigeria should do what is right in the eyes of the international community.

    Aliyu explained if emergency rule is not extended, human rights activist will accuse the Federal Government of abuse of human rights which will discredit the nation in the international community.

    He said, “What we should understand is that what we are facing is a guerrilla war with this terrorism. Terrorist do not respect the rules, when you need to fight the people, you need to declare state emergency.

    “If you do not declare state of emergency you are susceptible to human rights abuses. There is a misconception on declaration of emergency rule, the rule did not say political structures should be dismantled.”

     

     

  • Senate declines approval for extension of emergency rule

    Senate declines approval for extension of emergency rule

    After over two hours closed door session, the Senate emerged to announce its inability to conclude debate on President Goodluck Jonathan’s request for further extension of emergency rule in three North East states of Adamawa, Borno and Yobe.

    Debate on the Presidential request started on Tuesday with most northern Senators stoutly opposed to any form of extension of State of Emergency in the states already under emergency rule.

    The upper chamber however resolved to continue the discussion on the controversial request on Thursday.

    The lawmakers also resolved to invite the Service Chiefs to appear before the Senate and be part of the discussion.

    Apart from the invitation of Service Chiefs, the Senate mandated the Senate President, David Mark, to contact governors of the affected states for more information and for their input.

    After the closed door session Mark announced that “the Senate in executive session discussed the letter from Mr. President on the extension of the state of emergency in Adamawa, Borno and Yobe States. We had a very robust and detailed discussion and we will continue the discussion tomorrow (Thursday).”

    The Senate President asked whether what he said was a true reflection of what transpired in the Executive Session.

    The Senator answered in the affirmative.

    Mark also said “the Senate resolved that we will invite the Service Chiefs to appear before the Senate and be part of our discussion tomorrow (Thursday).”

    He promptly adjourned plenary till Thursday for the continuation of discussion on the Presidential request.

    Chairman, Senate Committee on Information, Media and Public Affairs, Senator Enyinnaya Abaribe, threw more light on the closed door session.

    Abaribe said the Senate mandated Mark to contact the governors of the affected states of Adamawa, Borno and Yobe for more information on the state of emergency.

    Abaribe noted that the Senate met in another closed door session to consider the request of President Jonathan for further extension of emergency rule in Adamawa, Borno and Yobe States.

    He noted that “the discussion was very frank, robust and sometimes very acrimonious.”

    He said the governors of the affected states would be contacted by the Senate President for more information.

     

  • Senate’s debate on emergency rule deadlocked

    Senate’s debate on emergency rule deadlocked

    The Senate on Tuesday created uncertainty over the state of emergency rule in Adamawa, Borno and Yobe States.

    The upper chamber failed to approve President Goodluck Jonathan’s request for further extension of emergency rule in the affected states.

    Senate President, David Mark, announced after over two hours closed door session that debate on Jonathan’s request will continue on Wednesday.

    Mark said: The Senate in a closed session discussed the letter by the President for the extension of state of emergency. We had a very extensive debate on it and we will continue with the debate tomorrow (Wednesday). Is this a true reflection of what happened?”

    The Senators chorused “yes.”

    Jonathan had in a letter entitled: “Re: Extension of the period for the Proclamation of a state of emergency in Adamawa, Borno and Yobe States,” and  dated 17th November, 2014 asked the Senate to endorse further extension of the period of emergency rule in the three states.

    The letter reads in part, “May  I respectfully draw your attention to the State of Emergency Proclamation 2013, in respect of Adamawa, Borno and Yobe States, which was approved by the National Assembly and extended for a further period of six months by the National Assembly as conveyed by  the Clerk of the National Assembly’s letter dated 21st May 2014.

    “By virtue of the provisions of Section 305(6)© of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the Proclamation aforementioned will elapse after a period of six months from the date of approval of the National Assembly except the period is extended by the National Assembly.

    “It is important to state that despite concerted efforts by this administration to stem the tide of terrorism and insurgency in the affected states, the security challenges that necessitated the Proclamation are yet to abate.

    “Consequently, it has become imperative to request the approval of the State for extension of the period for the State of Emergency for a further period of six months.

    “In view of the foregoing, I most respectfully request Distinguished Senators to consider and approve by resolution the extension of the Proclamation of the State of Emergency by further period of six months from the date of expiration of the current period.”

    Before the Senate went into closed session to consider the letter, some Senators attempted to block even the consideration of the letter.

    The Senate Leader, Senator Victor Ndoma-Egba, had moved that the Senate should resolve into Executive Session to consider the presidential request.

    What followed was a deafening “nay” when Mark put the question.

    Apparently taken aback, Mark explained that all he asked was the approval of the chamber to consider the presidential letter on extension of state of emergency.

    He noted that saying that the letter should not be discussed should be out of the way since the Senate was bound to debate the letter to take a position whether to approve the request or withhold approval.

    Mark noted that it was only during the consideration of the letter that Senators could make their contributions whether to endorse the request or not.

    After his explanation which seemed to have calmed frayed nerves, Mark again put the question for the Senate to consider the letter.

    The mood in the Senate slightly changed as the lawmakers gave their approval that the letter should be considered.

  • FG extends emergency rule in Adamawa, two others

    FG extends emergency rule in Adamawa, two others

    …To  forward request to NASS

    The National Defence Council headed by President Goodluck Jonathan on Monday deliberated on the emergency rule scheduled to expire in Borno, Adamawa and Yobe on Thursday.

    The meeting which was attended by service chiefs, Inspector General of Police, Suleiman Abba, National Security Adviser, Sambo Dasuki and Minister of Defence, Aliyu Gusau, resolved to forward request for extension to the National Assembly.

    The Attorney General of the Federation and Minister of Justice, Mohammed Adoke, disclosed this to State House correspondents at the end of the meeting.

    He said: “We just reviewed the issue of the state of emergency and the government will be requesting the National Assembly to extend the state of emergency.”

    On how soon the request will be made since one arm of the National Assembly is on break, he said: “It will go in immediately.”

    The Chief of Defence Staff, Alex Badeh, declined comment on the closed- door meeting.

     

     

  • Why we extended emergency rule – Tambuwal

    Why we extended emergency rule – Tambuwal

    The House of Representatives has given reasons for the extension of emergency rule in of Borno, Yobe and Adamawa States as requested by President Goodluck Jonathan

    The Speaker of the House of Representatives, Hon. Aminu Tambuwal, said the  need to provide a legal framework for the war against terrorism and to consolidate on the successes recorded in recent past are some of the reasons why the House extended the emergency rule for a further  six months in the affected states.

    Tambuwal, who spoke while receiving the Botswana High Commissioner in Nigeria, Lt. Gen. Louis M. Fisher, at the National Assembly on Tuesday, said the granting of the extension would not only provide a enabling environment for foreign countries who are in the country to help the government locate the abducted Chibok girls and solve other security challenges, but would also give them a legislative instrument to carry out their operations.

    He said the House is working closely with other arms of government to ensure that the abducted girls are returned to their families alive and in good condition.

    He added that the House is determined to continue appropriating funds and put in place enabling laws to allow the armed forces operate efficiently.

    “Our effort is not just geared towards safe return of our girls, but is also targeted at ending insurgency in the country as a whole,” Tambuwal said.

     

  • Senate approves extension of emergency rule in three states

    Senate approves extension of emergency rule in three states

    The Senate on Tuesdayapproved the extension of emergency rule in Adamawa, Borno and Yobe States.

    The approval followed a written request to that effect by President Goodluck Jonathan.

    The Senate had last week deferred debate on the request to allow for adequate consultation.

    However, Northern Senators Forum had kicked against the request.

    Tuesday’s approval was preceded by over four hours closed door meeting between Senators from the affected states and the principal officers of the Senate.

    The Senate also went into a closed door session for one hour on resumption of plenary.

    Senate President David Mark announced after the meeting that the lawmakers deliberated on the request during its closed-door session and agreed to approve it.

  • Emergency rule: Senate opts for wider consultation

    Emergency rule: Senate opts for wider consultation

    The Senate on Thursday resolved to embark on a wider “consultation” in order to resolve the controversy surrounding President Goodluck Jonathan’s request to extend the emergency rule in three Northeast states.

    The three affected states are – Adamawa, Yobe and Borno.

    Northern Senators had on Wednesday vowed to oppose the President’s request, saying the more than one year emergency rule had failed to achieve its purpose.

    The Senate resolution followed over three hours meeting the lawmakers had with Service Chiefs and head of other security agencies in the country.
    The meeting was attended by – Air Marshal Alex Badeh (Chief of Defence Staff); Major General Kenneth Minimah (Chief of Army Staff); Rear Admiral Usman Jibrin (Chief of Naval Staff), Air Vice Marshall Adesola Amosu (Chief of Air Staff), the Inspector General of Police, Alhaji Mohammed Abubakar and the Director General of the State Security Services (SSS), Mr. Ekpeyong Ita.

    Deputy Senate President, Ike Ekweremadu, presided over the three-hour closed-door session.

    President Jonathan’s request to extend the emergency rule led to the invitation of the Service Chiefs by the Senate.

    Ekweremadu, after the marathon session, said Senators had fruitful deliberation with the service chiefs and that the discussion was further analysed after the exit of the Service Chiefs.

    He said, “As responsible and patrotic Nigerians, we are looking at it from very diverse angles to ensure that the security situation in those states improve at the shortest possible time.

    “Apart from that, the senate also agreed to do further consultation with all the necessary stakeholders to ensure that everybody could buy into whatever that is needed to be done to secure those states and defeat insurgency there.

    “This is what transpired at our closed-door session. So by Tuesday, we will continue our deliberation on the state of emergency and insurgency in Adamawa, Borno and Yobe states.”