Recently, the President of Nigeria Bola Tinubu announced In Rivers State, the state of emergency in the south-south region of the country. He stopped the state governor and resolved the state’s house of the state. This declaration caused discussions on the legality of the decision in Nigeria. The public right scholar Abiood’s Odusote asks some questions about the Constitution of the Declaration.
What does Nigeria’s Constitution say to declare an emergency?
Section 305 (1) Any part of the federation spread the President of the President to declare an emergency. The government should be implemented through a notice in the newspaper, copies should immediately be sent to the President of the Senate and the Chairman of the House of Representatives. They demand call for two cameras to take into account the statement. Then they decided to adopt a three-third of the two cameras, which confirmed the urgent ads.
Emergency Cases can include:
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The federation is in the war
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The federation is the threat of participation in the state of occupation or war
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There is a violation of social rules and public safety to require extraordinary measures to restore peace and security
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There is a clear and present threat to a real breakdown of social order and public safety
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Any disaster or a natural disaster that affects a part of society or society or society has a natural disaster
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There is another public threat created by a threat to the existence of the federation
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The President adopts the demand from the governor of a state in accordance with the provisions of the Constitution.
Was it right this time?
Yes.
I think crisis The house of the governor and the Assembly reached the point of interruption among the rivers. Neither the legislative goal, nor the executive goal could not operate effectively in the last two years.
Supreme Court spent The Rivers State Assembly’s House of House and the other side of the Rivers government and others have been in democratic governance for about two years, he said. This also noted:
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The budget had not passed for about two years
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Legislative rooms were bombed
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The legislative goal could not perform its duties.
Additional factors contributing to the collapse of the area included:
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Deputy Governor and Governor and the State Parliament Parliament will be served with a mistake with impact preparations by the house
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militome Groups threatening violence
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explosion oil pipelinesGiven a large part of the industry, which will be threatened to influence the country, taking into account the majority of the industry.
This was not a real division of public order and social security, at least a clear threat of an accident.
No reasonable government will be waiting to make a constitutional action.
The president followed the constitutional procedures?
In case of emergency, the president has the right to suspend a normal constitutional procedure to respond to the crisis. The president stopped the legislature of both the river governor and the rivers to announce its powers to the aggressive situation.
The Constitution is silent about how the president can exercise its powers and suspend selected government officials. But there is a precedent. In 2004, President Olusegun Obasanjo announced The plateau was raised the state of emergency and the governor of the North Central Nigeria.
There was no conviction on this issue. May be subjected to a court review and protest in court. This is the beauty of democracy.
Another part of the process of raising the questions, the voting of the Milli Majlis provides the constitutional requirement of the resolution supported by two-thirds of the Milli Majlis.
This indicates a fundamental flaw in the process of emergency declaration. Constitutional requirements confirming the consent of two-thirds of the emergency adoption indicate that the official record of votes is required. What can voice sounds pay for? The official mentioned voting is likely to ensure transparency, accountability and integrity of the process. The impact, the announcement of the ambulance process did not effectively confirm the urgent ad by the President by the Constitution.
What are the powers of the administrator appointed by the President?
The administrator holds the office for a short time. Its tasks are clear: protect life and features, protect peace and social rules and prevent violations in the state and prevent violations and rules. Also, manage the resources of the state. He is required to work with other government agencies to achieve the goals of peace, law and regulations.
He can work on the Milli Majlis to conduct rules that can help him in the performance of their duties. The manager forces an executive authority to the president and forces an authority to respond to an emergency.
