Should Declaration Of State of Emergency Mean removal Of Democratic Structure?

On Tuesday, 14th may, 2013, President Goodluck Jonathan declared a state of emergency in three states, Adamawa, Borno and Yobe, and this declaration has been trailed by several reactions but for and against. I did my part my writing a post saying that our president now has the balls to take decisive decisions. I am in support of the state of emergency declared.

However, the part which drew my attention is the reaction of people to the paragraphs 15 quoted below:

1 5.  “The details of this Proclamation will be transmitted to the National Assembly in accordance with the provisions of the Constitution. But in the meantime, let me make it clear that within the purview of this Proclamation, the Governors and other political office holders in the affected states will continue to discharge their constitutional responsibilities.”

In this paragraph the president declared that the political office holders will continue their constitutional duties. So the state governors and the state houses of assembly were left intact. This pronouncement was condemned by a cross section of people saying it is not proper. That he should have removed the state executives and legislators. They even said that this half state of emergency and not full.

I want to differ from this opinion. From my understanding of declaration of state of emergency in any state or sector, it is not the abolition of existing structure. According to Wikipedia, “A state of emergency is a governmental declaration which usually suspends a few normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviors, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending rights and freedoms, even if guaranteed under the constitution. Such declarations usually come during a time of natural or man-made disaster, during periods of civil unrest, or following a declaration of war or situation of international or internal armed conflict.”

By the president’s declaration, only a few executive functions have been affected or suspended. Key among these is the function of the governor as the chief security officer of the state. That function will now be handled by the commander of the military body handling the state of emergency.

I think that the reactions of people as regard this were based on the state of emergency declared by the Obasanjo administration. When he declared state of emergency in Plateau and the Ekiti states, he removed the executive governor during those periods. Some commentators have even declared Obasanjo’s actions then as unconstitutional. Let us leave that to others to debate.

The purpose of this piece is to enlighten a few who may not know what it meant when a state of emergency is declared in any state or sector.

The question I have in my mind is, “will these military people operate within the rules of engagement?” another question is “what are even the rules of engagement of this exercise?” I hope that the answer to the second question will be included in the details the presidency plan to send to the National Assembly.

God bless Nigeria and drive away violence from our midst.

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