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Tag: Emergency rule

Jonathan seeks extension of emergency rule in three states

President Goodluck Jonathan on Tuesday asked the Senate to approve another six months extension of the ongoing emergency rule in Adamawa, Borno, and Yobe States.

Jonathan’s letter which was read at plenary by Deputy Senate President, Ike Ekweremadu, is the third of such request.

The two previous ones were approved by the Senate.

However, the Secretary of the Northern Senators Forum, Senator Ahmed Lawan (Yobe North), opposed the request.

He said that even though the military needs more hi-tech equipment to fight the Boko Haram insurgents, it would be wrong to extend the emergency rule.

Jonathan, in the letter entitled: “Re: Extension of the period for the proclamation of a state of emergency in Adamawa, Borno and Yobe States” noted that the security situation in the three states remains daunting.

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.

“By virtues of the provisions of section 305(6)(c) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the Proclamation aforementioned would have elapsed after six months from the date of approval of the National Assembly.

“However, after due consideration of the representations made of the Federal Republic of Nigeria to that effect, while substantial progress had been made to contain situation in the states, the development that necessitated the proclamation of a state of emergency was yet to abate.

“It would be recalled that the Senate of the Federal Republic of Nigeria had upon consideration of the realities of the security situation in the affected States that had been placed before it graciously approved by resolution, the extension of the State of Emergency for a further term of six months from the date of expiration of the subsisting period.

“The security situation in the three States remains daunting, albeit to varying degrees, in the face of persistent attacks by members of the Boko Haram sect on civilian and military targets with alarming casualty rates.

“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 in Adamawa, Borno, and Yobe States by a further term of six months from the date of expiration of the current term.”

May 13, 2014
Falana to Jonathan: Ignore calls for removal of Borno governor, others

Lagos lawyer, Mr. Femi Falana (SAN), has berated elder statesman, Chief Edwin Clarke, over his alleged call for the removal of the governors of Borno, Adamawa and Yobe States over Boko Haram insurgency.
Falana urged President Goodluck Jonathan to ignore Clark’s views, seeking the removals of the governors.
He said in a statement issued on Tuesday in Lagos that it was illegal and unconstitutional for the elder statesman to call for the removal of the governors.
Though he admitted that Clark wields enormous influence around the Presidency, he maintained that his call for the removal of the governors was diversionary and has no backing in law.
Falana argued, “there is nothing like partial declaration of a state of emergency in the 1999 Constitution; what section 305 (c) of the Constitution contemplates is the recourse to ‘extraordinary measures to restore peace’ and security where there is a breakdown of public order and public safety.
“This in effect means that all democratic institution should be suspended to permit the military exercise full control until peace and order returns.”
He said that Section 305 of the Constitution which empowers the President to declare a state of emergency in any part of the country does not make any provision, expressly or impliedly, for the removal of elected democratic structures.
“In other words, the power of the President, to take “extraordinary measures to restore peace and security under a state of emergency does not include the removal of elected public officers or the dissolution of democratic structures,” the lawyer added.
He insisted that state governors cannot be held vicariously liable for the inability of the President to stem the rising wave of insurgency in the country.

April 29, 2014
Boko Haram: Renew Emergency rule in Northeast, IYC tells Jonathan

The Ijaw Youths Council (IYC) has charged President Goodluck Jonathan to ignore calls by governors and other stakeholders of states in the Northeast not to extend the emergency rule in Borno, Adamawa and Yobe states, describing the calls as unpatriotic.

IYC, in a statement signed by its spokesman, Eric Omare, also faulted the comparison drawn by the governors of the affected states between the ongoing killings in their states and the unrest that bugged the Niger Delta in the last few years.

The group noted that the persistence of the mayhem being unleashed on the people of the trouble states, despite the efforts of the Joint Task Force (JTF) was an indication that there was need for the emergency rule to be extended.

The group also said all those calling for the abortion of the emergency rule, despite the fact that more people are still being killed and peace still under threat should be viewed as sponsors of the dreaded Boko Haram insurgence.

“Their sole reason for making the call is that the state of emergency has not worked because the terrorists’ activities have not abated in any way. The three Governors argued further that the JTF quelled the insurgency in the Niger Delta without a declaration of state of emergency.

“The IYC regard this call as unpatriotic and not in the best interest of the people of the North East, especially the youths considering the present situation of insecurity in the North East. It is on record that before the declaration of state of emergency, the terrorists had taken over most parts of those states which they were using as their camps and it was the military that sent them packing. Also, the comparison between the Niger Delta hostilities and the insurgency in the North East is unfounded.

“The IYC wish to state that the fact that the activities of the terrorists have not abated despite the existing state of emergency is a justification to extend the state of emergency. If despite the existence of a state of emergency, terrorism has not abated in the north east, it follows that without the declaration of a state of emergency, the security situation in the north eastern part of Nigeria would have degenerated to the situation obtainable in countries like Afghanistan, Pakistan, Somalia and Yemen, ” the statement said.

April 10, 2014
Emergency rule: Anger at Senate over Service Chiefs’ absence at briefing

The failure of Service Chiefs to brief the Senate on the performance of the emergency rule in Adamawa, Borno and Yobe State angered Senators on Thursday.

The upper chamber had invited the Service Chiefs to brief it on the performance of ongoing emergency rule in the three northeastern states.

The Senate also wanted a comprehensive briefing on Monday’s ferocious attack in parts of Borno State by suspected members of the Boko Haram sect.

The Senate was forced to end its closed door meeting arranged to receive the security chiefs when it discovered that the Chief of Army Staff, Lt. Gen. Azubuike Ihejirika, Chief of Naval Staff, Vice Admiral Dele Ezeoba and Inspector General of Police, Mr. Mohammed Abubakar, did not turn up for the scheduled briefing.

The Chief of Defence Staff, Air Vice Marshal Ola Sa’ad Ibrahim, Chief of Air Staff, Air Marshall Alex Badeh, Director General of the State Security Service, Ita Ekpeyong and representative of the Minister of Foreign Affairs and Minister for Special Duties, Kabiru Turaki attended the aborted briefing.

Senate President, David Mark, announced that the secret meeting was called off because of the absence of some of the security chiefs.

A source at the closed door meeting told our correspondents that the lawmakers were angered when it was learnt that the absence of the security chiefs was due to their meeting with some American security officials.

The source noted that most of the Senators felt “belittled” by the action of the security chiefs.

He said, “I don’t know of any American army officer or security agency that will come to tell the American Senate that their members are not around for a scheduled meeting because they were having meeting with American security officials.

“We did not walk them out but we told them that we cannot take them until we see all their heads. It does not matter what you get from America but that is not enough reason for them not to come.

”It still just tells us that yet they still don’t see the legislature as actually overseers. They just see us as another nuisance body created by the Constitution.

“But maybe by the time they come back next time they would have now learnt their lessons. Of course, we have a military man who is senior to all of them.”

The Chairman, Senate Committee on Information, Media and Public Affairs, Senators Enyinnaya Abaribe, who later briefed reporters on the development, said the planned briefing by the Service Chiefs and the heads of the other security agencies including the Inspector General of Police could not hold.

December 5, 2013
Emergency rule: Senate, service chiefs meet Thursday

The Senate and Service Chiefs will meet Thursday for briefing on the state of emergency in Borno, Yobe and Adamawa States.

This followed the resolution of the upper chamber to receive the security chiefs in plenary and ask for the progress achieved since the declaration of state of emergency in the northeastern states.

Senate Leader Victor Ndoma-Egba said the meeting earlier scheduled for Tuesday had to be shifted till Thursday this week following the suspension of plenary on Tuesday.

The Senate had suspended plenary to enable All Progressives Congress (APC) Senators to attend a board meeting of the party in Abuja.

In addition, the sitting was suspended in honour of a member of the House of Representatives, Hon. Raphael Oloye Nomiye, who died at the weekend.

It is not clear whether the briefing will be in camera or open but feelers indicated the crucial meeting would be closed door briefing due to the sensitivity of issues at stake.

Those expected at the meeting are – the Chief of Defence Staff, Vice Admiral Ola Sa’ad Ibrahim, Chief of Air Staff, Air Vice Marshall Alex Badeh, Chief of Army Staff, Lt.-Gen. Azubuike Ihejirika, Chief of Naval Staff, Rear Admiral Dele Ezeoba, the Inspector General of Police, Mohammed Abubakar and the Director General of the State Security Service, Ekpenyong Ita.

Deputy Senate President, Ike Ekweremadu, explained that it was necessary for the Senate to suspend plenary in honour of the House of Representatives who lost a member and to enable APC Senators attend their meeting.

Ekweremadu said: “We normally suspend plenary any time we lost any of our colleagues in the Senate.

“Over the weekend we lost a member of the House of Representatives and after consultation with the leadership of the House, we felt that what we had is one National Assembly, that going forward anytime we lose any of our colleagues either in the House or in the Senate, we should be able to give the person the honour of suspending plenary in both chambers.”

November 26, 2013
Emergency rule: Reps summon Service chiefs

The House of Representatives on Wednesday, summoned the Service Chiefs to brief the House on Thursday at plenary, on the current security situation in Adamawa, Borno and Yobe States.

The News Agency of Nigeria (NAN) recalls that President Goodluck Jonathan, on November 6, sent a letter to the National Assembly seeking the extension of emergency rule in the three affected states.

The resolution emanated from a motion moved by Mulikat Akande-Adeola( PDP-Oyo), the Majority leader, which was unanimously adopted without debate.

Akande-Adeola, said the House on May 21, considered and adopted the report on the state of emergency (certain states of the federation) proclamation, 2013 by a majority votes of 253.

She added that by virtue of the provisions of section 305 (6) (c), of the 1999 Constitution, the proclamation would elapse after six months from the date of approval.

Section 305 (6) ( c) states that,” Provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period for the proclamation of the state of emergency to remain in force from time to time for a further period of six months by resolution passed in like manner.”

The legislator said that, President Jonathan, in a letter to the House on November 12 provided a detailed report by the Chief of Army Staff on the current security situation in the affected states.

She said that it was pertinent for the service chiefs to brief the House on the current security situation in the states.

This, she added became necessary in view of the efforts made, so far, by security personnel deployed to the affected states,

Meanwhile, the House has mandated the Committees on Commerce and Justice to investigate the propriety or otherwise, the appointment of foreign institutions to manage the Nigerian Sovereign Wealth Fund (NSWF).

The committees are to report back to the House within two weeks.

The resolution was sequel to a motion moved by the Minority leader, Femi Gbajabiamila (APC-Lagos) which was adopted.

NAN reports that, three foreign institutions: Goldman Sachs, UBS and Credit Swiss, had been appointed to manage the fund.

November 13, 2013
NBA, Sagay back extension of emergency rule in northern states

Some prominent lawyers on Friday in Lagos expressed support for the extension of the six-month emergency rule in Adamawa, Borno and Yobe States.

Speaking with the News Agency of Nigeria (NAN), the lawyers said the prevailing situation in the North-East zone of the country had justified the extension.

The Senate had on November 7 approved the extension of the emergency rule following a letter to the National Assembly by President Goodluck Jonathan.

Jonathan had sought the approval of the lawmakers to extend the emergency rule imposed on the three states experiencing insurgency.

The expiration of the initial six months declared on May 14 had necessitated the request.

A constitutional lawyer, Prof. Itse Sagay (SAN), told NAN that the declaration of emergency rule in the states had positively affected the fight against the insurgents.

Sagay said, “It has resulted not only in decimating their numbers; it has resulted in reducing their attacks and the danger to which the innocent civilian population has been exposed to.

“The extension of emergency is justified, it has been effective, the work is not done and so they need more time to complete the job.’’

The Chairman, Nigerian Bar Association (NBA), Ikeja Branch, Mr. Onyekachi Ubani, said the president acted constitutionally by sending the request to the National Assembly.

“They have realised that they have not achieved the optimal result and that is why the state of emergency is being extended.’’

He, however, urged security agencies to redouble their efforts toward bringing the insurgency to a quick end.

Speaking in the same vein, a human rights lawyer, Mr. Fred Agbaje, noted that the federal government had the constitutional duty to protect the lives and property of its citizens.

“If the extension is for another five years and it will bring sanity to these areas so be it.

“ I would have been disappointed if the National Assembly had not granted the request.

“It would have meant that they are in support of the wanton killings being perpetrated in these states by these insurgents,’’ Agbaje said.

November 8, 2013
Senate approves extension of emergency rule

The Senate yesterday approved President Goodluck Jonathan’s request to extend the state of emergency in Adamawa, Borno, Yobe states.

Besides endorsing the extension, the Senate also summoned Service chiefs and the Minister of Foreign Affairs to a session on the impact of the emergency in the three states.

It also resolved to permit President Jonathan to address a joint session of the National Assembly and present the 2014 Appropriation Bill next Tuesday.

The President, on Wednesday, wrote to the Senate for an approval to extend the state of emergency in Adamawa, Borno and Yobe states, considered to be the hotbed of Boko Haram insurgency.

Before the Senate’s approval, the lawmakers held a closed-door session, where they examined the alleged differences on the continuation of the state of emergency in the northeastern states.

The senators were also said to have considered a security report forwarded to them on the threat of insurgents in the three states.

A source at the meeting told our correspondent that “faced with the security report and daily atrocities being perpetrated by Boko Haram in the affected states, we had no option than to endorse the extension of the state of emergency in the three states”.

The source noted that though “there were pockets of dissenting voices, who did not want the extension, the weight of what we were told convinced everybody that all is still not well with the affected states.”

The source added: “Our resolution to support the extension in the affected states was near unanimous.”

Before Deputy Senate President Ike Ekweremadu, who presided over the session called Senate Leader Victor Ndoma-Egba to move a motion for the approval, he averred that the Senate was briefed on reasons for the extension.

Ekweremadu also said the Senate was briefed on the actions taken by the Senate Committee on Finance and Appropriation on the 2014-2016 Medium Term Expenditure Framework (MTEF).

Ndoma-Egba said the Senate’s decision to approve the extension was unanimous.

He added that senators resolved at the closed-door session to invite the Service chiefs and the minister of Foreign Affairs to brief them on the impact of the emergency in the three states.

The Senate Leader recalled, in his motion, titled: Extension of State of Emergency in Adamawa, Borno and Yobe States, on Tuesday, May 21.

He said the Senate passed a resolution by which the President declared an emergency to curb insurgency and restore peace in the three states.

Ndoma-Egba noted that though commendable progress had been recorded in the three states, more time was required to restore lasting peace to the three states.

He said: “Consequently, in compliance with Section 305 (6c) of the 1999 Constitution (as amended), which states that ‘a proclamation issued by the President, under this section shall cease to have effect after a period of six months has elapsed since it has been in force, provided that the National Assembly may, before the expiration of six months as aforesaid extend the period for the proclamation of the state of emergency or remain in force from time to time, for a further period of six months by a resolution passed in like manner’.

“Accordingly, the Senate resolves to approve the request of Mr. President to extend the emergency in Adamawa, Borno and Yobe states on the same terms and conditions as earlier approved and gazetted.”

The motion was not debated when Ekweremadu put it to the other senators.

It was almost unanimously adopted.

November 8, 2013
Jonathan seeks extension of emergency rule in Borno, Yobe, Adamawa

President Goodluck Jonathan Wednesday sought the approval of the National Assembly to extend the ongoing emergency rule in Borno, Yobe and Adamawa States for another six months.

The emergency rule which was imposed by the Federal Government on May 14, 2013 following rising insecurity in the areas will elapse on November 12, 2013.

Jonathan’s request was contained in a letter dated November 5, 2013 and entitled: “Re-Extension of the period for the proclamation of a state of emergency.”

The letter was read by Senate President David Mark at plenary.

Jonathan however noted that the security agencies with the support of the citizens in the affected areas, have “achieved considerable successes in containing the activities of the terrorist elements.”

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.

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

“As a result of the laudable efforts of our security agencies and the support of the citizens in the affected areas, we have achieved considerable successes in containing the activities of the terrorist elements. However, some security challenges still exist in a few parts.

“Consequently, it has become pertinent to request the approval of the Distinguished Senate for an extension of the State of Emergency for a further period of six months, during which time it is expected that normalcy would have been fully restored.

“In view of the foregoing, I most respectfully request the Distinguished Senate to consider and approve by resolution the extension of the Proclamation of the State of Emergency by a further period of six months with effect from the 12th of November 2013.”

November 6, 2013
The cog in the wheel of emergency rule

Three months have gone by since emergency rule was declared in Borno, Yobe and Adamawa states. The fourth month begins today.

For Borno, emeregency is no stranger. This is the second time the state capital, Maiduguri and some of its local government areas are witnessing emergency rule. For some parts of the state, however, they are experiencing it for the first time.

The emergency rule imposed by the Federal Government is an effort to end the terror attacks by the Islamist group popularly known as Boko Haram, which has been blamed for most of the violent killings since 2009.

Civilian JTF have been of help in Maiduguri metropolis, but secret killing is still on in the other local government areas.

A resident of Biu, who spoke on condition of anonymity, said strangers are often seen in some local government areas.

He said: “The situation has become worse, especially when people cannot get in touch with relatives or security personnel. Most times when attacks are made, it takes time for the security agents to be alerted and even when they have been alerted, they arrived late.”

But, residents believe the military has contributed to the ‘failure’ of emergency rule to resolve insurgency in Maiduguri and other parts of Borno State.

A source said: “Secondly, corruption by some of the military men have been observed on the road to Maiduguri; at the check points. Most times, drivers give money and then pass without being checked in some of the check points. A situation where a driver does not give the bribe, the passengers have no option than to be delayed. When they are not checked, they enter the city freely with all sorts of ammunition unknown to the soldiers at the checking point.”

A traveller, who identified herself as Esther, witnessed such act. She said: “I was ashamed on my way to Maiduguri when some kilometres to the town, we were asked to stop only for our driver to give N100 to the soldier. The soldier went to his colleague and got N50, which he returned to our driver. How will peace be restored in Maiduguri while some of the soldiers at checked point are violating their code of ethics?”

The assassination of the principal of Godiya Private Secondary School and his two children, after their house was set ablaze, has left doubt in the minds of the residents of Biu over the usefulness of emergency rule.

Some indigenes said the principal and his children were shut death at 9pm by unknown gun men. They said the security agents were not around to see the flames of fire from far. They said the cut of GSM network contributed to the iability to alert security agents.

The way things are now insurgency may live longer than emergency rule.

August 15, 2013