TO many Nigerians, the state of emergence in some states announced by President Goodluck Jonathan on Tuesday following the senseless killings in parts of the country, particularly Borno, Yobe, Adamawa, Gombe, Bauchi, Kano, Plateau and most recently Bayelsa, Taraba, Benue and Nasarawa States, took a long time coming. To some others, it would not solve the problem of insurrection in the northern part of Nigeria.
The President said in the nationwide broadcast: “Following recent developments in the affected states, it has become necessary for government to take extraordinary measures to restore normalcy.
“After wide consultations, and in exercise of the powers conferred on me by the provisions of Section 305, sub-section 1 of the Constitution, I hereby declare a State of Emergency in Borno, Yobe and Adamawa states…
“The troops and other security agencies involved in these operations have orders to take all necessary action, within the ambit of their rules of engagement, to put an end to the impunity of insurgents and terrorists.
“This will include the authority to arrest and detain suspects, the taking of possession and control of any building or structure used for terrorist purposes, the lock-down of any area of terrorist operation, the conduct of searches, and the apprehension of persons in illegal possession of weapons.”
“I want to reassure you all that those who are directly or indirectly encouraging any form of rebellion against the Nigerian state, and their collaborators; those insurgents and terrorists who take delight in killing our security operatives, whoever they may be, wherever they may go, we will hunt them down, we will fish them out, and we will bring them to justice.
“No matter what it takes, we will win this war against terror.
Section 305 (1) states: “Subject to the provisions of this Constitution, the President may by instrument published in the Official Gazette of the Government of the Federation issue a Proclamation of a state of emergency in the Federation or any part thereof.”
It adds that the President shall have power to issue a proclamation of a state of emergency only when the federation is at war; the federation is in imminent danger of invasion or involvement in a state of war; there is actual breakdown of public order and public safety in the federation or any part thereof to such extent as to require extraordinary measures to restore peace and security; and there is a clear and present danger of an actual breakdown of public order and public safety in the federation or any part thereof requiring extraordinary measures to avert such danger.
Other conditions are when there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation; there is any other public danger which clearly constitutes a threat to the existence of the Federation; or the President receives a request to do so in accordance with the provisions of subsection (4) of this section.”
Section 217 (2 a-d) states the functions of the Armed Forces of the Federation to include defending Nigeria from external aggression; maintaining its territorial integrity and securing its borders from violation on land, sea, or air; suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the President, but subject to such conditions as may be prescribed by an Act of the National Assembly; and perform such other functions as may be prescribed by an Act of the National Assembly.
Following earlier hints of the action, though initially dismissed by federal government officials, the Nigerian Governors’ Forum (NGF) urged the central government to ignore agitation for a state of emergency in some parts of the country.
Its Chairman and governor of Rivers State, Chubuike Amaechi, in statement issued on Monday, contended that people who do not wish Nigeria well and who were bent on plunging the country into a deeper crisis were making calls for a state of emergency in Borno and Yobe.
The governors cautioned the federal government not to allow itself to be distracted from the collective goal of curbing the insurgency in parts of our country once and for all.
Their plea appeared to have been heeded until the late Tuesday announcement by the President.
Shortly before the formal declaration by Jonathan, there had been movement of battle-ready troops to the affected areas, perhaps giving an indication of what was to come.
Already, governors of the affected states have accepted the action. Well, they really have no choice in this matter and are lucky to have escaped being asked to step aside for the duration of the emergency rule.
Ibrahim Gaidam of Yobe on Thursday in a statement by his Special Adviser on Media and Information, Abdullahi Bego, in Damaturu, the state capital, agreed with the President on the imposition of state of emergency in Yobe State, as there is no alternative to peace.
He acknowledged the need to take more effective measures to address the problems of insecurity in the country, as the Boko Haram insurgency have claimed many lives and property in the last four years.
While calling on the people of the state to be law abiding and to go about their normal business, the statement said “the Yobe State government will continue to partner with the military Joint Task Force (JTF) and other security agents to ensure normalcy across the state.”
The governor also assured the public that the state government would continue to work closely with the security agents and ensure that the conduct reflects the spirit of the emergency declaration by the President and the rules of the engagement specified for that purpose.
In Adamawa, the military has imposed a dusk to dawn curfew (6pm to 6am) across the state. Army spokesperson in Adamawa, Lt. Ja-afar Mohammed Nuhu, in a press statement on Thursday, urged all the residents to abide by the curfew.
But Governor Murtala Nyako has queried the decision to extend the action to Adamawa, which “has been judged the most peaceful state among the six states in the North East region was included.”
In a broadcast to residents of the state, Nyako, a retired Admiral, however, pledged his support for the emergency rule and urged residents to be calm and prayerful during the period and warned parents to keep an on eye on their wards.
Earlier, their Borno counterpart, Kashim Shettima, admitted that the President acted within his constitutional powers to curtail the violence and it is also the duty of any responsible state government to support lawful efforts that would guarantee the security of lives and properties.
In an address to residents of the state on Wednesday, Shettima advised them to “take personal steps, as citizens, to avoid being caught by the strange rules,” as a period of state of emergency is that which comes with rules that are different from those that guide their day-to-day lives.
He added: “It can never be the wish of any guarded democratic government to have the military directly involved in the affairs of any federating unit, except for unfortunate and painful causes.
“I will seize this opportunity for the umpteenth time to call on our brothers in the Jama’atu ahliss Sunnah lil Da’awatu wal Jihad to embrace dialogue so that we can solve this problem on the table through collective bargaining, offers and compromises.”
There have been concerns that the action could ultimately result in human right abuses by the military, but the President’s speech appeared to have addressed that.
While some commend the declaration, especially the retention of democratic structure in the affected states, others feel the President should have gone the whole hog by removing the elected officials, like former President Olusegun Obasanjo did when he took a similar action in Plateau and Ekiti states, following the real or perceived political impasse there.
Instructively, the relevant sections of the constitution empowering the President to take such action did not state categorically that the President should or can dismantle elected political institutions, as did Obasanjo, or cannot or should not, as Jonathan has done.
This has made analysts to believe that it is only left at the discretion of the President, just that many would expect a democratically elected leader to retain the structures, as Jonathan has done.
In any case, it has to be borne in mind that while the issues that led to the declaration of state of emergency under Obasanjo were mainly political, they are mostly security-related in the current scenario.
This has led many to believe that Jonathan acted more democratically than Obasanjo and is reflective of their different backgrounds, more so, given the interplay of politics and ethnicity in the present situation.
Tired of the killings and destructions in the affected and others states listed by the President in the broadcast, it is hoped that the declaration would curtail the criminal impunity senseless destruction of lives and property, especially of security agents, as well as enable the country reclaim parts of Nigeria held by the terrorists.
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