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 Daily
Independent Online.
* Monday,June 14, 2004.
Bill to declare a state
of emergency in Plateau
Preamble
Perhaps the most
controversial action of the government and even the National Assembly
this year was the declaration and immediate endorsement last month of a
state of emergency in Plateau State, which has been ravaged by
ethno-religious crises since 2001.
Besides that, the
ratification last week of the emergency regulations by the National
Assembly confounded critics of the emergency rule who had variously
opined that it was not constitutionally in order.
Many had hinged hope on the
parliament to at least show some level of resistance by questioning some
of the eight regulations, which President Olusegun Obasanjo sent in for
ratification after one week and two days he declared the emergency rule
in the troubled state.
But it was not to be as the
regulations had a smooth sale at the supposedly Third Reading without
being subjected to debate.
The Bills
Emergency Powers (General )
Regulations 2004 as amended is pursuant to the provisions of Section 11
(4) of the 1999 Constitution.
Section 1. Appointment of Administrator, ETC,
For The Emergency Area;
1. Appointment of Administrator;
There shall be an
Administrator for the emergency area who shall be appointed by the
President and shall hold his appointment at the pleasure of the President.
2. Appointment of Assistants
by the Administrator.
(a) The Administrator may appoint any persons to
perform, or assist in the performance of such functions of the
Administrator (whether under these Regulations or not) as the
Administrator may determine.
(b) A person appointed in pursuance
of this regulation shall hold his appointment at the pleasure of the
Administrator.
(c) The instrument by which a person
is appointed in pursuance of this regulation may designate him as
“Commissioner” or “Assistant Commissioner”, or by such other designation
as the Administrator may by order specify; and any such order may provide
for the relative seniorities of persons to whom different designations
are allocated.
(d) A person appointed in
pursuance of this regulation shall not vacate his appointment by reason
only of the fact that the appointment of the Administrator is vacated.
(e) A person appointed in
pursuance of this regulation shall, in performing any functions which he
is required by the Administrator to perform, comply with any directions
given to him by the Administrator.
(f) The fact that a
person has been appointed to perform any functions of the Administrator
shall not preclude the Administrator from performing such functions.
Administration of the Emergency Area
3. General Functions of the
Administrator.
(a) Without prejudice to provisions of regulation 2
of these Regulations, the Administrator shall be charged with the general
functions of administering the Government of the emergency area and of
exercising the executive authority of the State.
(b) Subject to Chapter IV of
the Constitution of the Federal Republic of Nigeria 1999 (which relates
to fundamental human rights) and paragraph, the Administrator may do such
things as appear to him necessary or expedient for the purpose of
exercising his general functions.
(c) The President may give
directions to the Administrator with respect to the exercise of the
Administrator’s functions, and it shall be the duty of the Administrator
to comply with the directions.
4. Power of Administrator to make
orders.
(a) Without prejudice to the generality of powers
conferred by paragraph (2) of Regulation 3 of these Regulations, the
Administrator (but not any other person appointed in pursuance of these
Regulations) may make such orders as appear to him to be necessary or
expedient for the purpose of maintaining and securing peace, public
order, public safety and good government in the emergency area.
(b) Without prejudice to the
generality of the powers conferred by paragraph (2) of Regulation 3 of
these Regulations, or paragraph (1) of this regulation, any order under
the foregoing paragraph may in particular, so far as it appears to the Administrator
to be necessary or expedient for the purpose mentioned in the said
paragraphs-
(i) make
provision for the detention of person(either within the emergency area or
elsewhere) and the removal and exclusion of persons from the emergency
area; (ii) authorize the taking of possession or control of any property
or undertaking in the emergency area; (iii) authorize the entry and
search of any premises; (iv) provide for the application of any law with
or without modification, in relation to that area; (v)provide for any
payment of compensation and remuneration to persons affected by the
order; (vi) provide for the apprehension, trial and punishment of persons
offending against the order; and (vii)provide for the maintenance of such
supplies and services as the Administrator considers
essential to lives of persons in the emergency area.
(c) Nothing in paragraph (2) of
this regulation shall authorize the making of provision for the trial of
person by Military Courts.
(d) An order made under this
regulation may provide that the order shall have effect for all purposes
as if it were a law made by the House of Assembly of that State.
(e) The Administrator shall, as
soon as reasonably practicable after an order has been made under this
regulation, transmit a copy of the order to the President for the
approval of each House of the National Assembly, and if the President
gives notice to the Administrator that the National Assembly disallows
the order, it shall cease to have effect on the expiration of the day on
which the notice is given, without prejudice to anything previously done
thereunder
5.Control of the Police in the
emergency area.
Subject to the provisions of
Subsection (3) of Section 215 of the Constitution of the Federal Republic
of Nigeria 1999 (which provides for the President or such other Minister
of the Government of the Federation to give directions given in pursuance
of that subsection, the Administrator (but not any other person appointed
in pursuance of these Regulations) may give to the Commissioner of Police
in the emergency area such directions with respect to the maintenance and
security of public safety and public order as the Administrator considers
expedient and it shall be the duty of the Commissioner of Police to
comply with the directions
6. Suspension and control of
functions of certain authorities in the emergency area.
(1) Except to such extent and during such period (if
any) as the Administrator may direct, no person holding or acting or
purporting to hold or act in any of the offices established for the State
and specified in paragraph (2) of this regulation shall exercise any of
the functions of such office.
(2) The offices aforesaid are
the office of the Governor, Deputy Governor, Commissioner or member of
the State Executive Council, the Speaker, Deputy Speaker, the Clerk or
other officer or member of the House of Assembly of the State and such
other offices as the Administrator may, from time to time, direct.
(3) It shall be the duty of any
person holding-(a) offices in the public service of the State within the
meaning of the Constitution of the Federal Republic of Nigeria 1999; or
(b) offices connected with any Customary Court or Local Government
Authority established by law in the State, to exercise their functions in
accordance with any directions given to them by the Administrator and
without prejudice to the generality of the powers conferred on the
Administrator by virtue of these Regulations, he may suspend from office
any such person as aforesaid who in his opinion fails to comply with a
direction given under this paragraph of this regulation and may appoint
some other person to act in the place of the suspended person.
7.Authentication of Instrument.
Any instrument purported to
be signed by the Administrator or by a person describing himself in the
instrument by any designation specified by or by an order made under
Regulation 3 of these Regulations shall, until the contrary is proved, to
be deemed to be signed by the Administrator or, as the case may be, by a
person appointed in pursuance of that regulation.
8. Interpretation.
In these Regulations, unless
the context otherwise requires- “Administrators” means the Administrator
appointed pursuant to Regulation 1 of these Regulations; “emergency area”
or “State” means the Plateau
State of Nigeria.
9. Citation. These
Regulations may be cited as the Emergency Powers (General) Regulations,
2004.
Commencement;
May 18, 2004
Regulation
2. Emergency Powers (Processions and Meetings, etc.) Regulations, 2004
This regulation is in pursuant
to Section 3 of Emergency Powers Act as modified.
1. Prohibition of public
processions, demonstrations and meetings. The Administrator, if satisfied
that the holding of any procession, demonstration or public meeting of
any description or that such procession, demonstration or meeting in or
in any part of the emergency area would be likely to cause serious public
disorder, he may by order prohibit, for such period as may be specified
in order, the holding of public procession, demonstration or public
meeting of any description thereof in that area or part thereof.
2. Use of Force. Any police officer
may take such steps and use such force as may be necessary to secure
compliance with any order made under these Regulations.
3. Offence. Any person who fails to
comply with the provisions of any order made under these Regulations
commits an offence and shall be liable on summary conviction to
imprisonment for a term not exceeding two years or to a fine not less than
N25,000 or to both such fine and imprisonment.
4. Interpretation. In these
Regulations, unless the context otherwise requires- “Administrator” means
the Administrator appointed pursuant to Regulation 1 of the Emergency
Powers (General) Regulations, 2004 to administer the Government of the
emergency area. “emergency area” means the Plateau State of Nigeria;
“public meeting” means a meeting in a public place; “public procession”
means a procession in a public place and includes a demonstration;
“public place” includes any public way, and any building, place or
conveyance, to which for the time being the public is entitled or
permitted to have access, either without any condition or upon condition
of making any payment, and any building or place which is for the time
being used for any public or religious meeting or assembly, or as open
court.
5.
Citation.
These Regulations may be cited as the Emergency Powers (Processions and
Meetings, etc.) Regulations, 2004.
Regulation 3. Emergency Powers (Reporting of
Persons) Regulations, 2004
1. Power to require persons to
report.
(i) The
Administrator may, if he deems it expedient for securing the public
safety or for the maintenance or restoration of public order, issue a
direction in writing requiring any person in the emergency area to whom
the direction is addressed to report to such place in the emergency area
and within such time as may be therein prescribed and thereafter to
comply with such instructions regarding his movements as may be given by
the Administrator.
(ii) No such direction
shall remain in force for a period exceeding 21days from the day on which
it is received by the person to whom it is addressed, but upon the
expiration of any such period, the Administrator may issue a further
direction.
2. Control of directions by
the President.
(i) The
Administrator shall as soon as reasonably practicable after a direction
has been made under these Regulations, transmit a copy of the direction
to the President and if the President gives notice to the Administrator
that the President disallows the direction it shall cease to have effect
on the expiration of the day on which the notice is given.
(ii) Nothing in paragraph (1) of
this regulation shall affect anything done or purported to have been done
under such direction.
3.Notice of direction
(i) For the purpose
of these Regulations, a direction shall be deemed to have received if it
is either- (a) delivered or the purport thereof made known to the person
to whom it is addressed; or (b) delivered to the usual place of abode or
business of such person.
(ii) If a person is charged with
an offence under these Regulations in a case where subparagraph (b) of
paragraph (1) of this regulation applies it shall be a defence for him to
prove that he was absent from his usual place of abode or business as the
case may be when the direction was delivered in pursuance of the said
subparagraph (b) and that on his return to that place he took immediate
steps to comply with the direction.
4. Offence
Any person
who receives a direction in pursuance of these Regulations and knowingly
fails to comply with the requirements thereof, commits an offence and
shall be liable on summary conviction to imprisonment for a term not
exceeding 6months or to a fine of N10,000 or both such fine and
imprisonment.
5. Interpretation
In these
Regulations, unless the context otherwise requires- “Administrator” means
the Administrator appointed pursuant to Regulation 1 of the Emergency
Powers (General) Regulations 2004.
6. Citation
These
Regulations may be cited as the Emergency Powers (Reporting of Persons)
Regulations 2004.
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