Emergency Rule: Plateau Assembly Goes to S'Court
From Lillian Okenwa in Abuja and Funmi Peter-Omale in Jos
The sacked Plateau state House of Assembly has asked the Supreme Court to void the state of emergency declared by President Ousegun Obasanjo on the state last May.
The lawmakers also want the apex court to void the appointment of General Chris Ali (rtd.) as the Sole Administrator of the state. The State is being represented in the suit by Chief Rotimi Williams, SAN.
Part of the grounds of the appeal as enunciated by Williams in the originating summons was that Obasanjo has no constitutional powers to suspend the governor, the Assembly and appoint an administrator.
Williams argued that the Emergency Powers Act 1961 which the president invoked to make the declaration is no longer part of the laws of the federation.
He also stated that the declaration of the state of emergency and the replacement of the governor and the state House of Assembly with an emergency administrator appointed by the President violate section 11 (4) and (5) of the 1999 Constitution and are accordingly unconstitutional, null and void.
Williams stated that even if it is to be an existing law within the meaning of section 315 of the constitution, it is unconstitutional, null and void on the ground of inconsistency with section 11 (4) and (5) of the constitution.
The state legislators through Williams are asking for the following reliefs:
A declaration that the suspension by the President of the duly elected organs or authorities established by the said 1999 constitution for Plateau state, namely, the governor and the House of Assembly and their replacement by an emergency administrator appointed by the President, with power to administer the state for the duration of the emergency, is unconstitutional, null and void.
A declaration that the President has no power to suspend the duly elected governor and the House of Assembly of Plateau state.
A declaration that the said suspension of the duly elected governor and House of Assembly of Plateau state during the period of the state of emergency and their replacement with an emergency administrator appointed by the President constitute a violation of section 11(4) and (5) of the 1999 constitution and are accordingly unconstitutional, null and void.
A declaration that the Emergency Power Act 1961 by virtue of which the President claims to have power to issue regulations as the basis on which the emergency administrator is to operate the administration of Plateau state is no longer part of the laws of the federation, and even supposing it to be an existing law within the meaning of section 315 of the constitution aforementioned, it is unconstitutional, null and void on the grounds of inconsistency with section 11(4) and (5) of the said constitution.
A declaration that the Emergency Power Act 1961, supposing it to be an existing law within the meaning of section 315 of the said 1999 constitution is unconstitutional, null and void as an abdication of the legislative powers of the National Assembly.
A declaration that, except with respect to a law for maintaining and securing public safety and public order and for providing, maintaining and securing designated essential supply and services, or when the federation is at war, under section 11(1) and (3) of the 1999 Constitution, the National Assembly has no power to make laws generally for peace, order and good governance of Nigeria or any part thereof on matters not included in the legislative list, otherwise than as provided in section 11(4) of the said constitution, and accordingly any law enacted in contravention of that sub-section is unconstitutional, null and void.
A declaration that by reason of section 11(5 ) of the 1999 Constitution, the National Assembly has no power to make any law removing and authorizing the removal or suspension of the governor or deputy governor of Plateau state and accordingly any law enacted in contravention of the subsection is unconstitutional, null and void.
The legislators also want the court to make an order nullifying the actions taken by the administrator in the governance of the state since the proclamation of the state of emergency and an order of perpetual injunction restraining Obasanjo, the emergency administrator, their agents and privies from exercising any further function or performing any further act in the administration of Plateau State.
Meanwhile, the Federal High Court sitting in Jos has transferred to Abuja Judicial Division, the suit between the Plateau Assembly and the President.
Co-defendants in the suit include the Attorney-General of the Federation and the National Assembly.
Delivering his ruling in Jos yesterday, Justice Halidu Soba submitted that the President and the other two defendants carry out substantial part of their functions in Abuja.
He noted that the defendants were also served in Abuja, and in the first instance, the state of emergency and suspension of democratic structures which are being contested were all declared in Abuja.
"Thus, Abuja becomes the appropriate venue to hear the case. The case is accordingly transferred to Abuja Judicial Division," he said.
The suspended 24 members of the Assembly had dragged the defendants to court to ascertain the legality and constitutionality of their suspension and the imposition of a state of emergency by Obasanjo on May 18.
But in a notice of preliminary objection filed by Lateef Fagbemi (SAN), the defendants argued that the Jos High Court lacks jurisdiction to entertain the suit.
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