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THISDAYonline
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Emergency Rule
Why Kano Escaped, By Obasanjo
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Wabara: It's a deterrence _ Justice minister: Dariye's suspension in order
By Yusuph Olaniyonu and Ndubuisi Francis in Lagos, Chuks Okocha and Lillian Okenwa
in Abuja
President Olusegun Oba-sanjo at the weekend explained that he refrained from declaring a state of
emergency in Kano State because the violence there was a fall-out from Plateau State.
Senate President Adolphus Wabara yesterday said the proclamation of emergency rule in Plateau State and the suspension
of the governor and the state Assembly would serve as a deterrence in other states where violence is prevalent.
But Justice Minister and Federal Attorney General, Mr. Akinlolu Olujimi, while justifying Joshua Dariye's suspension
as governor said proclamation of emergency rule in any state automatically puts on hold the elected machinery.
Obasanjo told the Cable News Network (CNN) in an interview that the Kano riots "is a flow out of Plateau.
If the governor in Plateau had taken the right steps, there would not have been Kano. You don't deal with symptoms
and leave the disease."
Obasanjo said the state of emergency he declared was necessary to quell deadly religious violence.
"The tension all over the country went down, and people, no matter where they live and how they live, no matter
their religious affiliation or their ethnic background, now feel a sense of relief," he said. "They feel
that they have hope, they feel that, 'Oh yes, this is the best thing'," he added.
He insisted the move was constitutional and said the government at every level "must provide security for
every Nigerian wherever they stay."
"We cannot allow a situation where Nigeria is degenerating almost endlessly into chaos and insecurity,"
he said.
Obasanjo said the decision was not made without considerable thought and that the situation had been worsening
for three years.
"Some people, of course, naturally, will say, 'Well, where does it end?' I sincerely hope that I will not
have to take such a drastic decision again," he added.
Obasanjo said he chose to declare a state of emergency because of the severity of the situation.
"My heart bled when I saw the situation there," he said. "So something had to be done, something
drastic and this is what has to be done."
But Wabara who fielded questions from newsmen at the Presidential wing of the Murtala Muhammed Airport, Lagos yesterday
justified the emergency rule, arguing that it would serve as a deterrent in other states with potentials for violence.
"Since we are still at this infant stage of our democracy, there is need for us to collectively usher in peace.
We cannot develop our democracy in crisis. It will serve as a deterrent to other areas where we have pockets of
violence", he said.
Likening the Plateau crisis to a monster that was created, nurtured and allowed to degenerate, Wabara said, "once
the monster becomes uncontrollable, it takes some time before you can catch the monster". But he assured that
"within the next week, everything will come to normal".
On Obasanjo's request for N2.5 billion contingency fund, the Senate President noted that the request was already
with him and would be tabled before the National Assembly for deliberation.
Wabara stated that since he cannot give the approval alone, whatever the National Assembly decided would be the
line of action taken on the request.
The N2.5 billion was earlier expunged from the appropriation bill sent by Obasanjo last year. He had last week
re-presented the request in the wake of the Plateau crisis.
However, Attorney General Olujimi, at the weekend said the President acted within the framework of the constitution
in declaring state of emergency in Plateau state.
The Justice Minister, in an interview with THISDAY at the weekend insisted that the provisions of Section 305 of
the 1999 Constitution were followed to the letters in making the declaration.
Olujimi also said that contrary to reports, Dariye was only suspended as governor for six months and not removed.
But when asked if there is any constitutional provision that empowers the President to suspend an elected governor,
the Attorney General said: "When you declare a state of emergency anywhere, it puts on hold the elected machinery
for running the affairs of the state.
"It puts them aside. You now make a temporary arrangement for running the affairs of this state. That is the
effect of that declaration, so the governor cannot go on functioning; the House cannot go on functioning. That
is the effect of it and we have six months stipulated.
"The President could just well have said three months, but he said six months. At the end of six months, he
will now review the situation and see what next he should do. That is the position. Sections 188 and 189 of course
provides for something totally different, once you remove a governor, from there he goes. It is not six months,
it is not three months, he goes once you are able to get him removed under those sections," he said.
On the sack of the State House of Assembly even when it could not be said to have failed in the performance of
its functions, he said section 305, which stipulates the power to declare a state of emergency in a state is not
something directed solely against the governor.
"It is not something directed solely at the governor. You declare it in respect of the state, so it affects
the elected machinery for running the affairs of the state in which case you don't leave out the State Assembly
and say it is only the governor we are fighting with.
"When you declare that kind of emergency, it affects the state and of course the structure on ground for running
the affairs of the state," he said.
The Minister who admitted having advised the President to make the declaration also noted that taking into consideration
the provisions of section 1(1) and (2) of the 1999 Constitution, the president has a right to appoint a Sole Administrator.
"The law is very clear...There are other laws that you have to read along with the constitution. We have what
you call the Emergency Powers Act of 1961. That power was evoked in 1962 in the old Western region, when we had
a similar declaration made, and we had Dr. Majekodumi appointed as administrator of the Western region at that
time, so that law is still in existence today. Under that law when you declare a state of emergency, you can appoint
an administrator to run the affairs of the state," he said.
Fielding questions on whether there was need for a state of emergency since the crisis in the state had come under
some control before the president's pronouncement, he said: "The constitution does not say that you can only
declare a state of emergency when the crisis is still continuing."
"We are talking about loss of human lives, it is only those families, who were affected that can tell you
the kind of grieve they are into. The kind of deprivation they have suffered. A man has lost his wife, a wife has
lost her husband, a wife has lost her children, and a father has been deprived of his children because the leadership
at the state level has failed...
"If you look at the gravity of the situation there and if you are sincere to yourself, you would agree that
there was every good reason to declare a state of emergency in Plateau state. Now, you would find that even the
opposition, the ANPP (All Nigeria Peoples Party) supported this declaration. You would of course have found the
ANPP condemning it if they didn't see that there was a lot of sense behind it. So, I think from that perspective,
you can say yes, this was something that the president ought to do, and which he has done," he said.
In February and March, dozens were killed in clashes between nomadic Muslim Fulani herdsmen and Christian farmers
in Southern Plateau.
The government sent in forces to halt the violence, but the fighting escalated over the following weeks, threatening
to spread north into Muslim areas.
On May 14, some Muslims in Kano went on a killing spree, leaving some Christians and non-indigenes dead. Muslims
described the attacks as revenge for the fighting in Plateau.
The next day, Obasanjo declared a state of emergency in Plateau, but sent a strong letter of warning to Kano State
Governor, Ibrahim Shekarau.
He sent military forces into Plateau and assigned an administrator - retired Army Chief, Maj. Gen. Chris Alli,
a Christian, to oversee the state.
Although violence has decreased, there were isolated incidents of violence in Plateau on Friday, when Alli offered
cash in exchange for weapons.
The President's decision to suspend the governor and the state legislature has come under persistent criticisms,
particularly from eminent lawyers who contend that part of the proclamation was unconstitutional. Prominent lawyers
and Senior Advocates of Nigeria (SAN), Chief Rotimi Williams and Prof. Ben Nwabueze have faulted the President
on his decision to suspend the governor and the state legislature.
Meanwhile the Transition Monitoring Group (TMG), has described as unconstitutional Obasanjo's declaration of a
state of emergency in Plateau State by President Olusegun Obasanjo.
The group in a three-page press statement titled 'the declaration of state of emergency in Plateau State' signed
by its Chair, Mr. Festus Okoye therefore called on the President and the National Assembly to immediately lift
the state of emergency in Plateau and restore all democratic institutions.
"It is the considered opinion and position of the TMG that a declaration of a state of emergency is not the
solution to the recurrent ethno-religious crises experienced in Plateau State and several other parts of Nigeria
in the last five years. Rather, such an arbitrary measure would compound the situation on the ground."
Faulting the suspension of Dariye and his deputy, the group stated that the President exceeded his powers under
Section 305 of the 1999 Constitution "as the said suspension are not part of the extraordinary measures envisaged
to restore peace and security and avert the danger of an actual breakdown of public order and safety.
"The constitution would have made such a provision if it intended it. As provided in Sections 181 to 191 of
the constitution, a Governor/Deputy Governor can only cease to hold office through resignation, impeachment, permanent
incapacity or death," the statement added.
TMG also said that there was no basis for the President to suspend the state House of Assembly saying "even
if the prevailing conditions in Plateau State warrant the suspension of the state House of Assembly, it is only
the National Assembly and not the President that can take over the law making functions of thee House."
The TMG called on both the President and the National Assembly to take extraordinary measures to massively deploy
the police and other security agencies to restore peace and order in the troubled areas.
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