The governors of Adamawa, Borno and Yobe states may go to court to challenge plan by President Goodluck Jonathan to use their states’ monthly allocations to fund the military operations in the states under the emergency rule.
Governors Murtala Nyako (Adamawa), Kashim Shettima (Borno) and Ibrahim Geidam (Yobe) are said to have sought legal advice on the issue.
They believe that since Defence is on the exclusive list in the 1999 Constitution, the Federal Government should solely fund the Special Forces deployed in the states.
The governors are likely to seek judicial interpretation of Section 217 of the 1999 Constitution.
The governors are unhappy with a section of the emergency rule proclamation which seeks to confer on the President power to manage funds meant for states and local governments under emergency rule.
The section says: “Any Order made under sub-regulation (1) of this Regulation may in particular, if it appears to the President to be necessary or expedient for the purpose mentioned in the sub-regulation – make provision for the detention of any person either within the emergency area or elsewhere, removal and exclusion of any person from the emergency area; authorise the taking of possession or control of any property or undertaking in the emergency area; authorise the entry and search of any premises; provide for the application of any law (with or without modification), in relation to that area; provide for the utilisation of the funds of any State or Local Government in the emergency area; provide for the payment of compensation and remuneration to persons affected by the Order; provide for the apprehension, trials and punishment of persons offending against the Order; and provide for the maintenance of such applies and services as the President considers essential to the lives of persons in the emergency area.”
Investigation revealed that the legal advisors had on Friday started consultations with the Attorneys-General of the three states, who will report to the governor.
Sources in Borno State said: “The three governors are already weighing legal options. The three states are taking the legal measure as they are not prepared to take chances which is why they are trying to work well ahead so that they are not caught unawares.
“The three state governments believe that controlling their funds would amount to a clear breach of the constitution because the emergency Proclamation Bill, 2013 that gave the President powers to spend funds meant for states or local governments in areas of emergency rule is in conflict with the constitution and the legal effect of declaration of emergency in an area simply means that citizens are deprived of certain fundamental human rights because of the security issues involved.
“All laws no matter how important they may be to the governance of the country cannot supersede the provisions of the constitution because of the supremacy of the constitution which the President and every sworn public officer has an obligation to preserve and protect.
“The constitution does not in any section remove the executives or dissolve democratic structures and relief them of their functions.
“Power to spend funds meant for states and local governments is constitutionally vested on the chief executives of the state and local governments being second and third tiers of government directly benefiting from the statutory allocation of the federation.
“So, any attempt by the President or any other person appointed to act in that behalf is unconstitutional, illegal, null and void and of no lawful effect whatsoever. In addition, it will be a fragrant abuse of the constitution to tamper with funds accruable to these tiers of government and in this case, Borno, Yobe and Adamawa states which are all federating units like the federal government.
“Moreover, the provision of security is squarely within the Exclusive Legislative list of the constitution which is purely the responsibility of the federal government to protect the lives and property of its citizenry through security agencies.
” Basic social amenities like water, healthcare, education, welfare of the citizens fall within the concurrent legislative list of the constitution which both the federal and state governments are to provide.
“This clearly means it is the exclusive duty of the federal government in the first instance to fund security services, so why should the President now deprive states of their funds to provide the concurrent legislative list to citizens.
“This is purely unconstitutional and even a part two law student will deliver judgment against the President and the federal government.
“Moreover, the states of Borno and Yobe have been the ones funding security operations since the deployment of troops under the JTF to the States, the federal government didn’t give them a dime, why should the President now even consider holding on their funds whereas they have been discharging his own functions?”
