On Declaration Of A State Of Emergency In 3 States By Femi Falana

Femi Falana
By Femi Falana (SAN)

Following the break down of law and order in some parts of the country President Goodluck Jonathan has declared a state of emergency in three states to wit: Borno,Yobe and Adamawa. The declaration made pursuant to section 305 of the Constitution requires the approval of both houses of the National Assembly. While appealing for approval of the declaration the National Assembly should appropriate adequate funds for upgrading the security of the nation.

In the face of incessant terrorist attacks, kidnapping, armed robbery and other violent crimes the Federal Government ought to stop playing lip service to the security of life and property in the country. It is not sufficient to deploy more troops to the affected states if the terrorists and other nihilist groups have more sophisticated weapons than the Joint Task Force.

However, President Jonathan deserves commendation for acting within the ambit of the constitution. Unlike President Olusegun Obasanjo who illegally removed elected governors under the guise of a state of emergency President has not dissolved democratic structures in the affected states. That is in order because an elected governor can only be removed by impeachment, resignation or on ground of infirmity of body or mind and NOT through a state of emergency. For the avoidance of doubt the proviso to section 11 (4) of the constitution which empowers the National Assembly to take over the legislative powers of a state in case of emergency states that " nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office".Having complied with the constitution with respect to the state of emergency in 3 states President Jonathan should henceforth demonstrate to Nigerians that the days of presidential impunity are gone for ever in the country.

Femi Falana SAN.

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A More Sensible Lawyer

Another SAN told us in Vanguard this morning that GEJ violated the law...Here is definitely a more sensible lawyer respected at home and abroad. Its appears some SANs need to go back to school.

Thank you Femi Falana (SAN) jare.

Femi Falana's Views on State of Emergency.

More like it. GEJ deserves every commendation in his very recent approach to d issue of tackling d Boko-Haramists. This is d first time our President is getting it RIGHT-on-dot. D Nassarawa massacre of numerous policemen must have escaped presidential attentn because it was rooted in logistic misadventure. Let's HOPE, as the Snr Advocate has just observed, that; we have seen d END of Facilitated Impunity in governance here in Nigeria.

Too Meek A Response

Mr. Falana is currently representing DFPF.org, a political party that was delisted while contesting the Oredo Local Government elections. DFPF's candidate is an unavowed advocate of city/local policing. Before contesting for a local government election to actualize this promise - of a local police-force with globally competitive salaries and up-to-date equipment - this contestant advocated for same for Borno, confident that unless this approach was taken over colonial style barracks based policing that it reamined unlikely that this situation would improve. I find his - Mr. Falana's - response here - if it is true - to be very meek; we have tired of "the right man"; with this system, no one has "half a chance"

IMPUNITY BY BUTTOCKS

PRESIDENT IS NOT SHOWING ANY STATESMANSHIP IN THIS MATTER. IN A TIME LIKE THIS. NOTHING IS TOO MUCH TO SAVE THIS COUNTRY. LAST MONTHS: PRESIDENT FORMED AMNESTY POSSIBILITY COMMITTEE. THIS MONTH: HE DECLARED STATE OF EMERGENCY. CAN ONE BLAMED THOSE WHO REFUSED TO SERVE ON THAT COMMITTEE. WHAT WILL BE THE FATE OF BOLAJI AKINYEMI WHO LOOKS TOO OLD AND CLUELESS IN ALL THE PICTURES HAVE SEEN ON THE PAGES OF NEWSPAPER. THE BEST PRESIDENT CAN DO IS TO FORGET ABOUT POLITICS.
1. AM NOT GOING IN TO CONTEST 2015.
2. AM GOING BACK TO MY VILLAGE OR WHEREVER AFTER 2015.
3. I WILL ORGANIZE CREDIBLE ELECTION COME 2015.
4. PAY COMPENSATIONS TO THE CHRISTIANS WHILE AMNESTY COMMITTEE CONTINUE THEIR JOB.
5. PREPARE PROPERLY FOR THE ELECTIONS BY EMPOWERING INEC WITH BETTER VOTERS LIST.THE COUNTRY WILL MOVE FORWARD I BET YOU.

GOD BLESS NIGERIA

This is the type of comment

This is the type of comment expected. This is the ilk statesmen are made of.

Emergency Rule

The president deserves commendation for taking this step; it is in my opinion, the right step. It is good for the country; he has demonstrated in no uncertain terms that he is the Commander-In-chief; he is in charge. No one should mess with this calm president because behind the calmness is power and strength under control.

We encourage him to continue to take such strident steps on other issues of national importance as corruption in high places, absence or comatose electricity, east/west road that's taking forever to get done, poor management of the nddc etc.

Our president is a humane individual that needs our understanding and support. We urge the national assembly to give him all the support that he needs at this time.

Emergency Rule

The president deserves commendation for taking this step; it is in my opinion, the right step. It is good for the country; he has demonstrated in no uncertain terms that he is the Commander-In-chief; he is in charge. No one should mess with this calm president because behind the calmness is power and strength under control.

We encourage him to continue to take such strident steps on other issues of national importance as corruption in high places, absence or comatose electricity, east/west road that's taking forever to get done, poor management of the nddc etc.

Our president is a humane individual that needs our understanding and support. We urge the national assembly to give him all the support that he needs at this time.

Declaration Of A State Of Emergency in Bayelsa State

@Femi Falana (SAN): Please tell him to declare one in Bayelsa.

Next stop, Beyelsa State.

State of Emergency in Three Northern States

My well respected Femi Falana, i totally disagree with you on this one. The Govs of those three states deserved to be removed for the President's action to bear semblance to a state of Emergency. The affected states the Govs are fully behind the atrocities and they know those involved. Those states are suppose to be fully run by the military until a total order to be restored. My prediction is this State of Emergency would not achieve anything with all the democratic structures still in place. We would be living in fool's paradise is we think that most members of the state assemblies in Govs in those states have no knowledge of who these Terrorists. The Terrorists would be laughing and rubbing their hands at the stupidity of the decision to leave those Govs in place. I would be glad if I am proved wrong. And Six months from now we would see the result. Is it then that the President would reverse himself and do the right thing? Time will tell.

kudos to Falana

We can't fight for ever. No one is entirely bad neither is anyone entirely good. So while bad should be rebuked goodness should not go unnoticed. Activist rarely see anything good in their object of criticism. Thank you dear SAN. Your commendation will lead to solving more challenging situation.

re; state of emergency

this is commendable; but very late

@ SaharaReporters: Una ojoro don do !

This is just "commentary" with regards to Dr. Dumbo's SoE. While we're still waiting for you clowns to publish comments made over 36hrs ago, Falana gets center stage and flagrantly abuses your "character limitations" policy with impunity. This ojoro made-in-NYC is unfair, undemocratic and a bruising assault on our freedom to contribute! To echo my late friend and SR icon, @ Saad Nagodi, "comments should be published when posted to foster healthy debate of contemporary issues". If you like publish them after one month, there will still be multi-lateral abuses from pro & contra Dumbo forumites ...klar?

Femi Falana is an opportunistic clown who did not bother to analyze the SoE for real value like Dr. Aliyu Tilde did. Quoting junta-made Constitution is not enough Femi, what sense does SoE make in States where thugs already control 87% of our real estate? Stop showboating with every topic and get serious for once. Mtcheeeew!

Falana Cut him a slack

Mr Falana cut him a slack,I don't see the need for the last sentence.In the same article you commended him for not going Obasanjo's way by sacking the governors so how should he know demonstrate "the days of presidential impunity are gone for ever".Is that not exactly what he has demonstrated.Please lets stop criticising for the sake of it,if you are commending him do so and if you are not let us know; we musnt criticise all the time.If I was in his shoes I would personally sack the governors(which is fully constitutional) because even an unborn kid know they are complicit in the whole terror.You people by your unfair,malicious and wicked criticism of this man are endearing him back again to the people.Please please and please,give this man a break,governing this country at this time of terror is not a tea party.

good step by mr Jon

To be candid Mr. President got it right by declaring state of emergency in 3 states.Mr. president will need more action from you. thank you and God bless Nigeria.

The declaration of state of

The declaration of state of emergency on the three states, inn the manner President Jonathan did it has gone a step further to show that he is a President that operates within the ambit of the law.

It is now left for the people of the affected states and all the so-called northern elders to come together and stamp out the menace that has long oppressed the region and grounded all the economic activities.

I understand that most of the Governors were not the ones that created the problem in their states.
The military on the other hand should zero down on the insurgents and as much as possible avoid civilian casualties.......
To the press, this is the time for collective action. Efforts should be geared towards helping the state to surmount this challenge. it is not time for engaging on baseless arguments whether Goodluck was wrong or right.

Never again, shall this beautiful country see the oppression or suppression of man by another individual.

Yes

Yes, Mr Falana you have spoken like an elder. I respect your sagacity sir.

Right Step

I agree totally with the SAN. The declaration is commendable by the President. The forces of darkness will not overcome light. It is a right step in the right direction. I pray that God be with the Nigeria Armed Forces as they go all out to destroy these enemy of the state. God bless Nigeria.

A hungry man is an angry man

I agree with you on the fact that Jonathan did the right thing by not removing the governors from their positions. I however believe that the real solution to the kidnapping, terrorism and other forms of agitation in the country goes beyond providing more military presence in the states affected. The Federal government should include the citizens of this country in nation building by providing monetary compensation to our unemployed youth.We can start by using the security vote to all states to do this. A hungry man is an angry man and until we solve the most basic needs of Nigerians which include food, shelter and education we will continue to see agitations in various forms around the country.
www.nigerianfreehospital.com

hypocrity

Hypocrites will be consumed by their act. Falanana my foot. Animal want to give us human right!

FALANA LOST IT

A state of emmergerncy with the Gov still in office, A state of emergency is a governmental declaration which usually suspends a few normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviors, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending rights and freedoms, even if guaranteed under the constitution. Such declarations usually come during a time of natural or man made disaster, during periods of civil unrest, or following a declaration of war or situation of international or internal armed conflict. Justitium is its equivalent in Roman law.

In some countries, the state of emergency and its effects on human rights and freedoms and governmental procedure

State of emergency and

State of emergency and deploying of troops to these states is not the solution because Boko haram are residing and coordinating their insurgency in CAMEROUN and CHAD. They only come to BORNO if they want make their attack.

One can only hope for a

One can only hope for a positive outcome even though the future looks grim for the northerners in the region. The world has not forgotten the recent Baga massacre, where innocent civilians became the target of military hunt for extremists. Everyone had expected the government to investigate the issue and curtail the excesses of the JTF. Instead, it turns around to send in 2000 additional angry troops and fighter planes to the region. The implication of which could mean that additional towns/villages, largely containing innocent civilians, could be razed down at the slightest provocation. While we hope for the best possible outcome, the government should be aware that the north would begin to question whether there is an ethnic cleansing agenda going on as the casualty figure increases.

Good Work

The President got this one right and should be commended by all, thanks Mr. Falana SAN, I also ask my President to replace the attorney general of the Federation with you, since he, the attorney general is facing some charges or investigations, all Nigerian Youths should call for his sack and replace him with Mr. Falana.

Falana as Jonathan's AG?

Who knows, Falana may be the next Attorney General!!!

There is nothing sacrosanct

There is nothing sacrosanct about the unity of any country, including Nigeria, if that unity will only be sustained at dare cost including wanton destruction of lives on very frequent basis. We have to realize that some troubled nations had to part ways into many nationalities for the preservation peaceful co-existence of their people and Nigerians should not see their country as an exception. Better off today are Sudan & South Sudan, Pakistan & India, even the USSR that splintered into many nationalities. The 1914 amalgamation of Northern & Southern protectorates of Nigeria remains the greatest disservice that the colonial master left behind. If we fail to dismantle the amorphous union of the Northern & Southern Nigeria (strange bed fellows), we shall continue to complain and live in a disaster filled space called Nigeria. We shouldn’t deceive ourselves, we are different ‘nations’ with distinct variance in ideological, socio-cultural and religious disposition.

The President has my support

Well said, Falana. Nigeria is a case of, you are damned, when you act, and you are also damned, if you don't act. The ACN/CPC (a.k.a belated or yet to be formed APC) criticised and condemned the imposition of SOE, when they, themselves, have no SOLUTION to the problem. They criticise without EVER proffering any ALTERNATIVE.

Good call, by Falana, to the NASS to endorse the SOE, as well as invest more in security. The Governors of the respective States must forfeit their SECURITY VOTES, if, as the CHIEF LAW OFFICERS of their States, they are unable to maintain Law and Order.

Kudos to Mr President for taking the Bull by the horns! And to the fry and rat brains that call him "clueless" or "dumbo", I wonder and marvel at how a clueless person can be clueless enough to become Governor, and also be so clueless, to campaign and get elected as President, while defeating the "CLUEFUL" ones. He must be "clueless", indeed!

Mr. SAN, Topically, one will

Mr. SAN,
Topically, one will not like to comment on personal opinions. However, Nigerian Elites are so self -centered that issues of grave national importance becomes a platform for political self aggrandizement. A wise man does not comment on every issues of the day, otherwise, he cheapens his words of wisdom.

This government is totally

This government is totally insensitive. State of emergency can never bring peace to those areas. It can only show the weakness of our security men. Now they will start killing innocent citizens and they will ascribe them as Boko Haram just to show Nigerians that there are effective.

This is just another political strategy by the presidency to wit out the strength of the opposition; both inter and intra party opposition.
History will record you, GEJ as the must clueless and wicked president Nigeria ever had.