By Sunusi Baffa Salisu, Esq
The concept of declaring State of Emergency has been recognized in classical jurisprudence for as far back as history can trace. It is premised upon the belief that preserving the continuous survival of the state ranks higher than any political or legal considerations.
However, the declaration cannot be exercised in a vacuum. Various legislations in various jurisdictions have provided mandatory qualifiers to the exercise of state of emergency.
In Nigeria for instance, section 305 of the 1999 constitution has spelt out these qualifiers, which include total breakdown of law and order.
Origin:
Perhaps the most classical example of the exercise of state of emergency was during the American Civil War in 1861, when President Abraham Lincoln suspended the right of Habeas Corpus against all Confederate soldiers and allies during the pendency of the war.
For context, President Abraham Lincoln and the Northern part of America (Union States), wanted slavery abolished, while the South (Confederate States) wanted the practice sustained.
President Lincoln deemed it expedient to limit certain rights of the confederate soldiers in order to prosecute the war and effectively abolish slavery. History has since vindicated President Lincoln.
But please remember, even President Lincoln only actually suspended Habeas Corpus—that is the right of the accused to be brought before the court for trial and possible release, and not any other right or state apparatus!
Back to Tinubu:
I am still at lost as to who actually advised the President to make such utter declaration that represents brazen disregard for the constitution of Nigeria.
Yes, the President has, by the power conferred upon him under section 305, declared state of emergency where there is total breakdown and law and order.
Has the situation in Rivers State met that threshold? Majority of Nigerians would answer that in the negative.
As if that transgression is not enough, the President went ahead to “suspend” a duly elected Governor and all members of the State House of Assembly and appointed a Sole Administrator in their behalf!
When I first saw the breaking news on TVC, I thought either the President was playing a not-so-funny joke or that he has watched too many Dictator movies.
No extant law in Nigeria empowers the President to suspend a validly elected Governor or any member of the State of Assembly. No law!
The National Assembly have a duty to save Nigeria’s young democracy by refusing to grant assent to this madness.
The President has already sunk into the abyss of infamy, the National Assembly, assuming they have an iota of responsibility in them, must refuse to sink with him.
