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Clark’s Call For Removal Of Govs In States Under Emergency Rule Diversionary, Illegal – Falana

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SoEPunLagos lawyer and prominent human rights activist, Mr. Femi Falana (SAN), has asked President Goodluck Jonathan to ignore a call by former federal commissioner for information and Ijaw national leader, Chief Edwin Clark, to suspend democratic structures in Adamawa, Borno and Yobe states, preparatory to a full declaration of emergency rule in the affected states.

Falana said in a statement on Tuesday described the call by Clark as diversionary and the act of removing elected governors or suspending democratic institutions during emergency rule in a state as illegal.

According to the lawyer, such a call should not be dismissed with a wave of the hand as it was coming from a personality like the Ijaw leader, who he said “wields enormous influence around the presidency”.

He, therefore, urged the president to shun such advice by “people with vested political agenda to resort to undemocratic tactics associated with military dictators”.

Falana said, “As Nigeria has successfully replaced autocracy with democracy all actions of the government have to be conducted in strict compliance with the tenets of the rule of law.

“In view of the clear provision of the Constitution on the vexed issue of a state of emergency I am compelled to urge the President to ignore the illegal and unconstitutional call for the removal of the governors of Adamawa, Borno and Yobe states”.

Clark had been widely quoted in the media to have said that, “There is nothing like partial declaration of a state of emergency in the 1999 Constitution; what section 305 (c) of the Constitution contemplates is the recourse to ‘extraordinary measures to restore peace’ and security where there is a breakdown of public order and public safety.

“This in effect means that all democratic institution should be suspended to permit the military exercise full control until peace and order returns”.

But in a counter-argument, Falana said that nothing in section 305 of the constitution referred to by Clark empowered the president to suspend democratic institutions in a state under emergency rule.

His words: “With profound respect to the elder statesman, Section 305 of the Constitution which empowers the President to declare a state of emergency in any part of the country does not make any provision, expressly or impliedly, for the removal of elected democratic structures.

“In other words, the power of the President, to take ‘extraordinary measures to restore peace and security’ under a state of emergency does not include the removal of elected public officers or the dissolution of democratic structures.

“In any case, state governors cannot be held vicariously liable for the inability of the President and Commander-in-Chief of the Armed Forces to stem the rising wave of insurgency in the country”.

He noted that Clark was unable to point to any law or decided court case to justify his stand in enjoining President Jonathan to follow what he termed the ‘bad example’ set by former President Olusegun Obasanjo.

Falana said the suspension of the then Governor of Plateau State and the Acting Governor of Ekiti State for six months by Mr. Obasanjo during his tenure as president was “in utter violation of the Constitution”.

He added, “That was an era of executive recklessness, which has been consigned to the dustbin of history.

“Assuming without conceding that President Obasanjo was right is Chief Clark suggesting, by any stretch of imagination, that if the Federation is waging a war against another country leading to the imposition of emergency rule in the entire land the President should vacate office for a retired General to take over and run the country like a Sole Administrator?”

 

 

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1 Comment

1 Comment

  1. fool at 40

    April 30, 2014 at 3:11 pm

    wetting militant sabi na to scarter and spoil something.i wonder. I don think say dis man go school d man thinking just like tukombo asare a man with fish sense.

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Politics

I Received Vision That I Would Be Governor – Oyetola

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I Received Vision That I Would Be Governor – Oyetola

Gboyega Oyetola

Governor of Osun State, Gboyega Oyetola has stated that God revealed to him in a dream that he would be Governor of the State long before he joined the race.

He revealed this while speaking at a service held to commemorate the second anniversary of his administration at the Redeemed Christian Church of God (RCCG), Osun Province 1 Headquarters, Osogbo, on Sunday.

Oyetola said, “I am ordinarily not one who sees visions but on two occasions, I had a strange encounter. Imagine the son of an Imam, receiving a Christian song in a dream. That was my encounter.

Also Read: You Are A Worthy Successor, Aregbesola Tells Oyetola

“All I could remember on both occasions was the last line of the song which says ‘IleriOluwa ni lati se’. Outside of that dream, I had never heard the song before. When the impression was heavy on my heart, I called one of my friends to ask him about the song, and he told me the song was the Track 2 of Timi Oshikoya’s album.

“He went out and got me the album and immediately I started listening to the track, my consciousness was restored and then I had an understanding of what God was saying to me. That revelation has continued to give me confidence of victory each time I am faced with legal and political battles since becoming governor.”

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Anyim Backed Out Of Defection Over Visit to Buhari – Umahi

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Anyim Backed Out Of Defection Over Visit to Buhari – Umahi

Dave Umahi

Governor of Ebonyi State, Dave Umahi has claimed that a meeting with President Muhammadu Buhari stopped former Senate President, Pius Anyim and National Assembly members from the state from defecting to the All Progressives Congress (APC).

He made the claim on Sunday while speaking during an APC stakeholders’ meeting at the Bouquet Lodge, Old Government House, Abakaliki, Ebonyi State.

Umahi claimed that Anyim who served as Secretary to the Government of the Federation (SGF) in the administration of former President Goodluck Jonathan, and others refused to defect because he outsmarted them all.

“They were planning to ambush me, but it is difficult to catch the air,” he said.

Also Read: President Buhari receives Governor Umahi after defecting to APC (Photos)

The governor insisted that he consulted all the National Assembly members and the elders from the state about his defection from the Peoples Democratic Party (PDP), adding that they all agreed to the defection arrangement.

“Let me tell you, I’m not afraid of anybody but I respect everybody. But I have said that if God sent me, this will be the last fight in this state,” he said.

Umahi added: “All these people that came together to fight me, they collect contracts, they collect monthly pay, they collect vehicles. And when they are asked to bring people that worked for us, they will bring their wives, children and relations.

“Now, they are dressing words for us. We are in chapter one, in Chapter two, I will publish all that I have done for the leaders of this state.”

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Sanwo-Olu Names Building After Tinubu, Warns Youths Against Vandalism

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Sanwo-Olu Names Building After Tinubu, Warns Youths Against Vandalism

Babajide Sanwo-Olu

Governor Babajide Sanwo-Olu of Lagos has named the newly built Apapa-Iganmu Local Council Development Area after the National Leader of the All Progressives Congress (APC), Bola Ahmed Tinubu.

This was made known in a statement by the Chief Press Secretary to the governor, Gboyega Akosile.

Sanwo-Olu also named the Agboyi-Ketu LCDA after the late Senator of Lagos East Senatorial District, Adebayo Osinowo.

He stated that the recent #EndSARS protests brought out the need for the government to double their efforts and prioritize youth development and empowerment.

Also Read: No Pardon For Rapists, Says Sanwo-Olu

The governor however warned youths against the destruction of the government’s assets built with public funds.

Sanwo-Olu disclosed that the decision of the council leadership in Agboyi-Ketu to name the edifice after Osinowo testified to the contributions he made to the development of the council.

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