Boko Haram: Contradictions And Insincerity
The federal government has abdicated on its responsibility by failing to finance the military operations, leaving Borno and Yobe States to groan with meagre allocations from the federation account. The Borno State governor has rapidly paid compensation to victims, including recently adopting three children whose police families were killed in Bama town following an unfortunate carnage.
The Governor has no doubt withered the storm especially if one takes into the account the series of public driven programmes and projects taking place in all nooks and crannies all over the state which is the hallmark of progressive leadership. Governor Ibrahim Gaidam of Yobe State has done incredibly well also in funding security agencies in Yobe State.
We need also repeat that the President has no moral or constitutional basis to suspend any of the 36 seating governors under the guise of declaration of a state of emergency, more so that the current security situation in the northeast, arouse mainly from failures of the federal government which has the sole responsibility of protecting lives and properties through legitimate use of police and the armed forces under its total control.
The Nigerian Constitution has clearly stated conditions under which an elected Governor, still serving constitutional tenure of office, can vacate before completion of four years term. The conditions are deaths, impeachment, resignation, permanent incapacity and judgements of appellate courts of jurisdiction. Section 305 that deals with declaration of state of emergency does not in any way give the President powers to suspend a seating Governor.
The section empowers the Governor to request from the President, a declaration of state of emergency which would require a state Assembly suspended so that the Governor can have no recourse to the Assembly in taking extraordinary decisions to collaborate with security agencies to bring law and order.
Section 305 says: “The Governor of a State may, with the sanction of a resolution supported by two-thirds majority of the House of Assembly, request the President to issue a proclamation of a state of emergency in the state when there is in existence within the state of any of the situations specified in subsection (3) (c), (d) and (e) of this section and such situation does not extend beyond the boundaries of the state”.
It is important to ask, that if a Governor can be suspended on account of emergency, what happens to the President where there is need for a declaration of emergency at the centre, should there be a military head of state? The President can only declare an emergency (to suspend the State Assembly) if it is clear to the President that a Governor fails in on his own duties by properly working with the Assembly to effectively collaborate with the federal government to guarantee law and order.
And even at that a declaration of emergency is needed when a state is drifting into a failed one and in this case, where there is extreme lawlessness that makes it impossible for the executive, the state House of Assembly and courts to function. We are very much aware that all the arms of government effectively function in Borno and Yobe states.
It is worthy to note that what is happening in Borno and Yobe states are not too different from states under emergency because there are special military operations in the states and extraordinary measures are being deployed by the military. Every day, the JTF claims it has launched special operations, killing x-y and recovering z. So, how come they do so if there is any hindrance?
The only difference from a constitutional state of emergency and what is in place in Borno and Yobe is plenary being held by the two Houses of Assembly and since the military has been able to operate in both states in the last two years despite the functioning of the assemblies, then there is simply no need for a formal declaration of emergency.
If any tier of government should be blamed for the current security situation, the federal government should squarely take the blame because Governors of the two states have provided adequate support for the federal government to do what it ought to exclusively do.
It is important to remind the President that it is the sole responsibility of the federal government to protect lives and properties of all Nigerians It is becoming clearer by the day, that the PDP-led federal government is becoming increasingly intolerant of APC-promoting governors and is seeking ways to take advantage of all situations, including but unfortunately, the current security situations in Borno and Yobe states which are strongholds of the APC, for political manoeuvres.
The President should please rethink this very unpopular irony. Let us also add that if the President is taking these measures for political fortunes ahead of 2015, then it is a most wrong and untimely move. 2015 is still far, to be frank.
—Mshelia and Tarmuwa are Chairman and Secretary respectively of Confluence of Borno-Yobe Citizens for Justice based in Potiskum, Yobe State.
The Governor has no doubt withered the storm especially if one takes into the account the series of public driven programmes and projects taking place in all nooks and crannies all over the state which is the hallmark of progressive leadership. Governor Ibrahim Gaidam of Yobe State has done incredibly well also in funding security agencies in Yobe State.
We need also repeat that the President has no moral or constitutional basis to suspend any of the 36 seating governors under the guise of declaration of a state of emergency, more so that the current security situation in the northeast, arouse mainly from failures of the federal government which has the sole responsibility of protecting lives and properties through legitimate use of police and the armed forces under its total control.
The Nigerian Constitution has clearly stated conditions under which an elected Governor, still serving constitutional tenure of office, can vacate before completion of four years term. The conditions are deaths, impeachment, resignation, permanent incapacity and judgements of appellate courts of jurisdiction. Section 305 that deals with declaration of state of emergency does not in any way give the President powers to suspend a seating Governor.
The section empowers the Governor to request from the President, a declaration of state of emergency which would require a state Assembly suspended so that the Governor can have no recourse to the Assembly in taking extraordinary decisions to collaborate with security agencies to bring law and order.
Section 305 says: “The Governor of a State may, with the sanction of a resolution supported by two-thirds majority of the House of Assembly, request the President to issue a proclamation of a state of emergency in the state when there is in existence within the state of any of the situations specified in subsection (3) (c), (d) and (e) of this section and such situation does not extend beyond the boundaries of the state”.
It is important to ask, that if a Governor can be suspended on account of emergency, what happens to the President where there is need for a declaration of emergency at the centre, should there be a military head of state? The President can only declare an emergency (to suspend the State Assembly) if it is clear to the President that a Governor fails in on his own duties by properly working with the Assembly to effectively collaborate with the federal government to guarantee law and order.
And even at that a declaration of emergency is needed when a state is drifting into a failed one and in this case, where there is extreme lawlessness that makes it impossible for the executive, the state House of Assembly and courts to function. We are very much aware that all the arms of government effectively function in Borno and Yobe states.
It is worthy to note that what is happening in Borno and Yobe states are not too different from states under emergency because there are special military operations in the states and extraordinary measures are being deployed by the military. Every day, the JTF claims it has launched special operations, killing x-y and recovering z. So, how come they do so if there is any hindrance?
The only difference from a constitutional state of emergency and what is in place in Borno and Yobe is plenary being held by the two Houses of Assembly and since the military has been able to operate in both states in the last two years despite the functioning of the assemblies, then there is simply no need for a formal declaration of emergency.
If any tier of government should be blamed for the current security situation, the federal government should squarely take the blame because Governors of the two states have provided adequate support for the federal government to do what it ought to exclusively do.
It is important to remind the President that it is the sole responsibility of the federal government to protect lives and properties of all Nigerians It is becoming clearer by the day, that the PDP-led federal government is becoming increasingly intolerant of APC-promoting governors and is seeking ways to take advantage of all situations, including but unfortunately, the current security situations in Borno and Yobe states which are strongholds of the APC, for political manoeuvres.
The President should please rethink this very unpopular irony. Let us also add that if the President is taking these measures for political fortunes ahead of 2015, then it is a most wrong and untimely move. 2015 is still far, to be frank.
—Mshelia and Tarmuwa are Chairman and Secretary respectively of Confluence of Borno-Yobe Citizens for Justice based in Potiskum, Yobe State.
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