Adoke misadvising Jonathan on state of emergency, co ABUJA — FORMER Federal Commissioner for Information and South South Leader, Chief Edwin Clark, said, yesterday, that after a thorough X-ray of the activities and actions of Attorney- General and Minister of Justice, Alhaji Mohammed Bello Adoke since he came on board, he has come to a conclusion that the Minister has failed President Goodluck Jonathan and Nigerians in all ramifications. Addressing journalists, yesterday, at his Asokoro residence, Abuja, the South South leader accused Adoke of misadvising President Jonathan, especially on the declaration of state of emergency in Adamawa, Borno and Yobe states. He stressed that the Minister also failed to advise the President correctly in his fight against corruption, adding that he had not done well in cases of corruption pending before the Economic and Financial Crimes Commission where people are charged for corruption and cases linger for a period of five to six years with no result. Chief Clark in his 16-page letter to the Minister of Justice, entitled, “An open letter by Chief Edwin Kiagbodo Clark OFR, CON to the Federal Attorney- General and Minister of Justice, Alhaji Mohammed Bello Adoke, SAN, for misadvising Mr. President on the declaration of a state of emergency in Adamawa, Borno and Yobe states,” reiterated his call for suspension of all democratic structures in these states. He added that the President had the right to impose a full state of emergency in these states as it were in the past when former President Olusegun Obasanjo declared full state of emergency in Plateau State, 18th May, 2004 and in Ekiti State, 19th October, 2006, but failure on the part of the President to repeat same in these volatile states, which he attributed to the Minister, whom he said had disappointed the President and Nigerians. According to him, the first state of emergency in Nigeria was in 1962 when the Premier of the Western region, Chief Samuel Ladoke Akintola was suspended from office and Chief Adegbenro was appointed to take over and with this, the then Prime Minister, Alhaji Abubakar Tafawa Balewa called for a special session of the Federal Parliament in Lagos on 29th May, 1962 where a motion for a state of emergency was tabled. The elder statesman said: “I affirm that the Constitution of the Federal Republic of Nigeria provides for democratic structures. It is based on this law as enshrined in the Constitution that individuals hold their offices. This Constitution equally gives the President of the country undefined spectrum of inherent powers which he can exercise if and when such action is in public interest. “However, in order to forestal any arbitrary use of such powers, the National Assembly is empowered to act as a check. “For emphasis, a state of emergency is a governmental declaration that announces that the country is in a state of emergency. It allows the suspension of and/or change to some functions of the executive, the legislative and or the judiciary during this period of time. “It alerts citizens to change their normal behaviour and orders government agencies to implement emergency plans. “A government can declare a state of emergency during a period of civil unrest, or following a declaration of war or situation of international/internal armed conflict, among others. “A state of emergency is invoked in an extra-ordinary situation which requires extra-ordinary measures. The extra-ordinary measures arising as a result of the state of emergency declared can also affect those rights and freedoms which are guaranteed under the Constitution. “There is no doubt that my call for a full emergency rule has become necessary considering the present situation. It is sad to note that some public officers appointed by Mr. President have negated their duties and are not interested in replying or confronting the insults and abuses poured on Mr. President because most of them regard themselves as technocrats and not ready to offend any of his political opponents. “The foul and seditious language used by the Governor of Adamawa State, Admiral Nyako, are most unfortunate, perfidious and as such ought to be addressed appropriately. “Emergency rule is legal, constitutional and procedural, and remains the panacea to peace, development and national rebirth, not adhering to it, is courting anarchy. The President needs to suspend the affected states’ political structures because the roles of these governors have revealed them as conspirators who are hiding under the guise of opposition, to foster their political nests and display their politics of bitterness, hatred, ethnicity and religion to disparage him and scuttle Jonathan’s constitutional right to seek a second term as guaranteed by the 1999 Constitution. “ Mr. Attorney General even if you believe that your interpretation of section 305 (3) is the correct interpretation, you know full well that Mr. President in exercise of his inherent powers, can use other extra-ordinary measures to bring the insurgency to an end, and the doctrine of necessity is definitely one of the extra-ordinary measures and you may wish to read my submission. “These facts as Attorney General and a Senior Advocate of Nigeria are well known to you as alternative measures available to Mr. President to crush the insurgents, but for reasons best known to you, you failed to advise him to take the bull by the horn.”
Posted on: Wed, 04 Jun 2014 10:31:51 +0000
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