I have taken time to study Section 305 of the Constitution. This is the section that confers on the President powers to declare a state of emergency in any part of the country where the need arises. I was of the opinion that such a declaration must be followed by a removal of the State Governor. But a thorough reading of the Constitution says NO! No where in the constitution does it say that when there is a declaration of a state of emergency, that the governor should be removed. Indeed, even where the National Assembly takes over the legislative functions of a state House of Assembly under Section 11(4) of the Constitution, the proviso to that section makes it clear that such powers do not extend to the removal of the State Governor.
This clarification has become necessary in view of the divergent opinions and views of many Nigerians over the President’s broadcast on Tuesday night.
The implication of this is that the removal of Governor Joshua Dariye of Plateau State by former President Obasanjo and the subsequent appointment of Gen. Chris Alli (retd.) as the state’s Sole Administrator were all illegal. Sadly, no one challenged it in court.
It is always good to crosscheck before we go public with sensitive information. I made that mistake too. I honestly thought that when a state of emergency is declared, the governor must be sacked. Now, I know better. It is never in the intendment of the constitution for an elected president to remove another elected official under whatever guise. In which case, President Jonathan would not have been justified in removing the state governors of the affected states and suspending the state Houses of Assembly by a declaration of a state of emergency.
Onyebuchi Ememanka,
Aguda, Surulere, Lagos State,
+23481890447.