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Senate Says President Has Not Declared Any State Of Emergency by EkoIle1: 1:12am On May 17, 2013
Confusion As Nigerian Senate Says President Has Not Declared Any State Of Emerge


[img]http://osunnews.files./2012/05/0dr-goodluck-jonathan-osunnews.jpg[/img]

Jonathan had on Tuesday declared a state of emergency in three states, Borno, Adamawa and Yobe States.

The mandatory two days required for the National Assembly to approve the emergency rule in Borno, Adamawa and Yobe states elapsed on Thursday without a formal notification from President Goodluck Jonathan to federal lawmakers, leaving a web of confusion whether or not, a vital constitutional requirement was breached.

Lawmakers and lawyers shelved an overwhelming euphoria that have trailed the emergency rule, to accuse the president of violating basic requirements in imposing emergency order, pointing out what may turn out tools for potential challengers of the order.

“I’m not contented with the whole arrangement because of the way he declared it and did not follow due process. He was expected to notify the House,” Ibrahim Kamba, a House of Representatives member from Kebbi state said on Wednesday.

The senate confirmed on Thursday it had yet to receive a published gazette, as stipulated by the constitution, through which the proclamation of the emergency rule ought to have been made.

The senate’s position is founded on Section 305 of the constitution, which states that “Subject to the provisions of this constitution, the president may by instrument published in the official gazette of the government of the federation issue a proclamation of a state of emergency in the federation or any part thereof.”

The succeeding sub section requires that “copies” of the published gazette be “immediately” sent to the senate and the House for consideration and possible approval. Such approval is expected in two days if the lawmakers are in session, or 10 days, if they are on break.

Senate yet to be notified

At a news conference, Thursday, Senate Leader, Victor Ndoma-Egba, repeatedly emphasized those requirements in remarks that eventually turned out contradictory.

Before he spoke, confirming no notification had been sent in from the presidency, Senate president, David Mark, announced the emergency rule will be considered by the senate for possible approval next Tuesday.

“It is not a nation-wide broadcast by the president that proclaims a state of emergency,” senate leader, Mr. Ndoma-Egba said. “It is the instrument published in the gazette “We have not seen any gazette.”

Yet, despite the denial, and somewhat conflicting signals, the president’s emergency order is deemed to have taken effect, with large scale military deployment into Borno, Yobe and Adamawa states.

By mid Thursday, deployment of troops and military hardware, including fighter jets continued, a day after the military confirmed in a statement it was taking broad measures to implement the president’s decision.

Reuters news agency quoted Air Force spokesman, Air Commodore Yusuf Anas, as confirming that “air assets”, including helicopter gunships as well as jets, had been sent in support of the extra troops being deployed for the operation.

Military raids were also reported the same day in Sambisa, Borno state, which is said to host one of Boko Haram’s largest camps.

But as the operations rapidly drew steam, lawmakers and lawyers increasingly drew public attention to purportedly defective procedures adopted by the president to impose the emergency.

No State of Emergency yet

Mike Ozekhome, a senior lawyer, said, Wednesday, a day after the announcement that the president’s declaration violated the constitution’s requirement for a published gazette which he said should indicate the president’s intention to declare state of emergency. That was never done, Mr. Ozekhome said.

Another stipulation requiring the National Assembly to sit at a plenary session to decide if there was need for declaration of the state of emergency was also violated, he added.

“Therefore, Section 305 of the 1999 Constitution was not obeyed before the proclamation of the state of emergency by President Goodluck Jonathan,” Mr. Ozekhome said.

“I would therefore say that since he did not follow due procedure, it is not a declaration of state of emergency, but an adoption of stiffer measures for the protection of lives and property in those states.’’

Lagos Lawyer, Jiti Ogunye, gave a similar view saying, “As at today (Thursday), by law, there is no State of Emergency until it is approved by the National Assembly.”

“If the National Assembly does not accept it, then that it is the end of Jonathan’s State of Emergency,” he added.

Mr. Ogunye, however explained that the massive movement of troops by the military to the affected states does not amount to a constitutional violation; saying that as the Commander in Chief of Nigeria’s Armed Forces, President Jonathan can direct troop movement within the country.

Jonathan only gave an intention

The senate leader, Mr. Ndoma-Egba, struck a similar note though, with an apparent caution.

“The best we can make about what the President has done is that he has declared his intention to declare state of emergency. That is what he has conveyed to Nigerians,” he said. “He has conveyed his intention to declare a state of emergency. That State of emergency will be actually declared when an instrument proclaiming it is published in a gazette.”

He said the two days deadline for the National Assembly to pass a resolution in support of the State of Emergency starts running after the publication of the instrument in a gazette.

Despite the seeming violations, Mr. Ndoma-Egba insisted the president did nothing wrong and was acting in line with the laws.

“There is nowhere in the constitution where the president is required to publish the gazette within a specific time,” he said, before asserting that “For now, no provision of the constitution has been breached and there is no constitutional crisis.”

http://premiumtimesng.com/news/national/134643-confusion-as-nigerian-senate-says-president-has-not-declared-any-state-of-emergency.html

1 Like

Re: Senate Says President Has Not Declared Any State Of Emergency by EkoIle1: 1:14am On May 17, 2013
Lawless Nation with lawless and incompetent leadership...



smh...

7 Likes

Re: Senate Says President Has Not Declared Any State Of Emergency by Nobody: 1:21am On May 17, 2013
Incompetent Minister of Justice did not advise his boss on how to go about declaration of State of Emergency.

2 Likes

Re: Senate Says President Has Not Declared Any State Of Emergency by NeoXVI: 1:31am On May 17, 2013
Those who make the laws cannot even be trusted to obey it...

Jonadunce and his clueless retinue of charlatans.

9 Likes

Re: Senate Says President Has Not Declared Any State Of Emergency by EkoIle1: 1:38am On May 17, 2013
Talk about clueless and incompetent president, incompetent and unqualified advisers with lame duck and worthless assembly and senate.


Who is even qualified enough to interpret the Nigerian constitution, uphold and defend the same constitution? Not the Nigerian presidency, not the Nigerian justice minister or presidential adviser, not the Nigerian congress, not the toothless Nigerian Bar Association and definitely not the Nigerian military. The Nigerian military is out there conducting a lawless and unconstitutional military operation while the clueless and unpatriotic politicians fiddles around aimlessly.



What a damn shame...

4 Likes

Re: Senate Says President Has Not Declared Any State Of Emergency by dc555: 1:44am On May 17, 2013
The President is the Chief Security Officer of the Nation and has the Executive power to make Emergency decisions. So if Cameroun invades Nigeria, the President should consult the National Assembly before taking any decision?

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Re: Senate Says President Has Not Declared Any State Of Emergency by Dospix(m): 1:45am On May 17, 2013
payless: Incompetent Minister of Justice did not advise his boss on how to go about declaration of State of Emergency.
Keep using the free internet service you have at your disposal to say rubbish...fine, Jonathan is corrupt, but what makes you different from him? instead of you to contribute constructively on this thread all you do is rain abuse.

15 Likes

Re: Senate Says President Has Not Declared Any State Of Emergency by Dospix(m): 1:50am On May 17, 2013
Neo-XVI:
Those who make the laws cannot even be trusted to obey it...

Jonadunce and his clueless retinue of charlatans.
I have noticed your comment on various threads...you seem to be saying the same thrash...i pity for you because a time will come when you will receive the same fire for fire. We insult and and call our leaders all kinds of name without making sensible contribution towards correcting those issues. Some of you might argue that they don't listen, but your comment might in one way or the other pass a message to them.

3 Likes

Re: Senate Says President Has Not Declared Any State Of Emergency by Nobody: 1:53am On May 17, 2013
Dospix: Keep using the free internet service you have at your disposal to say rubbish...fine, Jonathan is corrupt, but what makes you different from him? instead of you to contribute constructively on this thread all you do is rain abuse.


Glad you confessed Jonathan is a corrupt man. How did you know my internet service is free? I hate to break it to you that there is no part of me that is corrupt. I go to work and get paid. I have small import and export thing I do which I am gladly satisfied with. I am not corrupt, bro.

1 Like

Re: Senate Says President Has Not Declared Any State Of Emergency by Dospix(m): 1:53am On May 17, 2013
Eko Ile: Talk about clueless and incompetent president, incompetent and unqualified advisers with lame duck and worthless assembly and senate.


Who is even qualified enough to interpret the Nigerian constitution, uphold and defend the same constitution? Not the Nigerian presidency, not the Nigerian justice minister or presidential adviser, not the Nigerian congress, not the toothless Nigerian Bar Association and definitely not the Nigerian military. The Nigerian military is out there conducting a lawless and unconstitutional military operation while the clueless and unpatriotic politicians fiddles around aimlessly.



What a damn shame...



you are more clueless than him because you comment isn't making sense.

12 Likes

Re: Senate Says President Has Not Declared Any State Of Emergency by Nobody: 1:57am On May 17, 2013
Dospix: you are more clueless than him because you comment isn't making sense.


Why are you throwing tantrums tonight? Is it because Jonathan you love so much is being disected on the internet for his failures? Have you forgotten there is freedom of expression in Nigeria? By the way, what is your opinion of Jonathan and his corrupt PDP cohorts?

3 Likes

Re: Senate Says President Has Not Declared Any State Of Emergency by Dospix(m): 2:01am On May 17, 2013
payless:


Glad you confessed Jonathan is a corrupt man. How did you know my internet service is free? I hate to break it to you that there is no part of me that is corrupt. I go to work and get paid. I have small import and export thing I do which I am gladly satisfied with. I am not corrupt, bro.
I personally do not have any problem with you, but i am greatly disappointed by your method of criticism...Insulting Gej wouldn't solve the problem at all, rather constructively criticizing his government makes us true democrat. I am not happy with the president, but insulting him wouldn't change things. Let us try to act like intellectuals which we are. truly, your comment sounded really childish(sorry if i sound insulting).

8 Likes

Re: Senate Says President Has Not Declared Any State Of Emergency by Nobody: 2:02am On May 17, 2013
Dospix: I personally do not have any problem with you, but i am greatly disappointed by your method of criticism...Insulting Gej wouldn't solve the problem at all, rather constructively criticizing his government makes us true democrat. I am not happy with the president, but insulting him wouldn't change things. Let us try to act like intellectuals which we are. truly, your comment sounded really childish(sorry if i sound insulting).


Criticizing is not the same as insulting someone. How did I insult Jonathan?
Re: Senate Says President Has Not Declared Any State Of Emergency by NeoXVI: 2:19am On May 17, 2013
Dospix: I have noticed your comment on various threads...you seem to be saying the same thrash...i pity for you because a time will come when you will receive the same fire for fire. We insult and and call our leaders all kinds of name without making sensible contribution towards correcting those issues. Some of you might argue that they don't listen, but your comment might in one way or the other pass a message to them.

Bia, nwoke stop following me about. Are you gay? Keep your pity to yourself, olodo angry

1 Like

Re: Senate Says President Has Not Declared Any State Of Emergency by Dospix(m): 2:22am On May 17, 2013
payless:


Why are you throwing tantrums tonight? Is it because Jonathan you love so much is being disected on the internet for his failures? Have you forgotten there is freedom of expression in Nigeria? By the way, what is your opinion of Jonathan and his corrupt PDP cohorts?
I don't like Jonathan;but not liking him shouldn't cloud my sense of reasoning. I want to emphatically tell you that 80 percent of Nigerians who call Gej all sort of names are the cause of our problem. This same politicians who have stolen our money are they front runners of the opposition parties calling Gej all sort of name. The thief who steals his mothers money at home to subscribe for mtn blackberry plan is the same boy who calls Gej Jonadunce;the same El rufai who under his supervision a lot of Nigerians were left homeless for no legitimate reason is the same man accusing Jonathan of creating poverty in Nigeria; the same Bola Tinubu who a lot of people criticized for putting Lagos in squalor is one of the political Jingoist criticizing every move taken by the federal government;the boy who impregnates teenagers would tel you Jonathan is the most irresponsible man in the world. I laugh you all...What we have here in Nigeria is not politics but rather, politricks. You might hide under the internet to throw stones at others, but God alone knows if you are worst than them. My conclusion is that 80 percent of Nigerians citizens are corrupt.

32 Likes

Re: Senate Says President Has Not Declared Any State Of Emergency by Nobody: 2:27am On May 17, 2013
Dospix: I don't like Jonathan;but not liking him shouldn't cloud my sense of reasoning. I want to emphatically tell you that 80 percent of Nigerians who call Gej all sort of names are the cause of our problem. This same politicians who have stolen our money are they front runners of the opposition parties calling Gej all sort of name. The thief who steals his mothers money at home to subscribe for mtn blackberry plan is the same boy who calls Gej Jonadunce;the same El rufai who under his supervision a lot of Nigerians were left homeless for no legitimate reason is the same man accusing Jonathan of creating poverty in Nigeria; the same Bola Tinubu who a lot of people criticized for putting Lagos in squalor is one of the political Jingoist criticizing every move taken by the federal government;the boy who impregnates teenagers would tel you Jonathan is the most irresponsible man in the world. I laugh you all...What we have here in Nigeria is not politics but rather, politricks. You might hide under the internet to throw stones at others, but God alone knows if you are worst than them. My conclusion is that 80 percent of Nigerians citizens are corrupt.


At the end of the day you have to choose one side. One thing I know is that when you do the same thing over and over, you don't expect different answer. PDP has been there since 1999 and look at where we are today. The strategy for anyone who love Nigeria is to first let PDP go, then everything else come next. Buhari will disappoint most of these looters if they allow him to become President. Buhari will turn against Tinubu and other thieves.

2 Likes

Re: Senate Says President Has Not Declared Any State Of Emergency by Dospix(m): 2:36am On May 17, 2013
payless:


At the end of the day you have to choose one side. One thing I know is that when you do the same thing over and over, you don't expect different answer. PDP has been there since 1999 and look at where we are today. The strategy for anyone who love Nigeria is to first let PDP go, then everything else come next. Buhari will disappoint most of these looters if they allow him to become President. Buhari will turn against Tinubu and other thieves.
I am hoping that things would be better in Nigeria, but i don't really trust the opposition party. Their actions and decisions really put me in doubt if really they are capable of steaming the wheel of this country to a positive direction. I am just hoping you wouldn't regret voting for Buhari if eventually he manages to become the president of Nigeria.
Re: Senate Says President Has Not Declared Any State Of Emergency by a1solution: 2:36am On May 17, 2013
As much as I'm yet to support the state of emergency declared because of porous security measures in other parts of the country which the Boko Haram boys may attack if the heat is too much on their end, informing the house before the declaration is not normal cos Boko haram suppoters in the house will vote against it and it will give boko haram clue on what is about to happen and strategies before the approval.

6 Likes

Re: Senate Says President Has Not Declared Any State Of Emergency by EkoIle1: 2:40am On May 17, 2013
Dospix: Keep using the free internet service you have at your disposal to say rubbish...fine, Jonathan is corrupt, but what makes you different from him? instead of you to contribute constructively on this thread all you do is rain abuse.


I'm really not sure what your problem, but you definitely sound like a Jonathan dullard because nothing was said about corruption, but guilty conscience took over your cassava bread brain.

This is a public forum you lazy and incompetent thinker and this is not where your clueless president gets advise and pointers from, he gets it from the incompetent people he hired as ministers and advisers that you are paying tons of taxpayers money to advise your clueless president.


I know many of you either are too dull to understand basic social studies or they just don't teach it anymore in your village elementary schools, but you people really need to shut sometimes and quit polluting the internet with your ignorance because it's really embarrassing...
Re: Senate Says President Has Not Declared Any State Of Emergency by Nobody: 2:45am On May 17, 2013
Dospix: I am hoping that things would be better in Nigeria, but i don't really trust the opposition party. Their actions and decisions really put me in doubt if really they are capable of steaming the wheel of this country to a positive direction. I am just hoping you wouldn't regret voting for Buhari if eventually he manages to become the president of Nigeria.


If you agree with what is happening now, then Jonathan is your choice. If you want things to change, then whoever the opposition presents is who we have to go with in order to get PDP out of the way. If we don't give the opposition the chance to change things, how do we expect the country to change? So, we have to try something else to know if it is better than what you have. All eyes on the opposition to do well. Look at the performances of AC Governors in the states controlled by PDP since 1999. The AC governors have out-performed the PDP Governors with what they have done so far within three years.
Re: Senate Says President Has Not Declared Any State Of Emergency by EkoIle1: 2:50am On May 17, 2013
a1solution: As much as I'm yet to support the state of emergency declared because of porous security measures in other parts of the country which the Boko Haram boys may attack if the heat is too much on their end, informing the house before the declaration is not normal cos Boko haram suppoters in the house will vote against it and it will give boko haram clue on what is about to happen and strategies before the approval.


And you wonder why Nigerian is messed up, this is the kind of thinking we need to do away with. The fear of the highlighted shouldn't be any reason to be unpatriotic and not uphold your laws and defend your constitution. The president, his ministers and the entire congress swore to uphold and defend our laws and constitution and that comes before anything or scenario..

1 Like

Re: Senate Says President Has Not Declared Any State Of Emergency by NeoXVI: 3:01am On May 17, 2013
Dospix: I am hoping that things would be better in Nigeria, but i don't really trust the opposition party. Their actions and decisions really put me in doubt if really they are capable of steaming the wheel of this country to a positive direction. I am just hoping you wouldn't regret voting for Buhari if eventually he manages to become the president of Nigeria.

Can you now see how dumb you are? You're hoping, abi? Keep hoping, until you grow old and die. Don't do something else. Keep voting the same people that have been there 14 years without any significant change, and KEEP HOPING that somehow things will change.

It is called madness - to keep doing the same thing over and over and expect a different result. Your post sef smacks off dumbito. Where did you get your 80% figure from? Did you conduct a poll?

Keep hoping o, hoper. Na you try pass.

4 Likes

Re: Senate Says President Has Not Declared Any State Of Emergency by a1solution: 3:16am On May 17, 2013
Eko Ile:


And you wonder why Nigerian is messed up, this is the kind of thinking we need to do away with. The fear of the highlighted shouldn't be any reason to be unpatriotic and not uphold your laws and defend your constitution. The president, his ministers and the entire congress swore to uphold and defend our laws and constitution and that comes before anything or scenario..




even in court of law there are certain conditions that the judge have to respect public interest and keep the law aside, so this not a Nigerian mentality.

1 Like

Re: Senate Says President Has Not Declared Any State Of Emergency by Nobody: 3:17am On May 17, 2013
a1solution: even in court of law there are certain conditions that the judge have to respect public interest and keep the law aside, so this not a Nigerian mentality.


Wow!
Re: Senate Says President Has Not Declared Any State Of Emergency by EkoIle1: 3:37am On May 17, 2013
a1solution: even in court of law there are certain conditions that the judge have to respect public interest and keep the law aside, so this not a Nigerian mentality.


The constitution is sacred and any deviation must be tabled and sanctioned before the Nigerian legislature.

The judiciary is not constitutionally sanctioned to make or change laws, that's the responsibility of the legislature, the judiciary only interpret laws laws passed and amended by the legislatures aka lawmakers..

Read up on the 3 arms of government. The executive, the legislative and the judiciary for relevant understanding before your next post..

Nigeria is not going anywhere with so many ignorant and uneducated so called leaders of tomorrow..

Again, do they still teach social studies and civic education in our schools?

1 Like

Re: Senate Says President Has Not Declared Any State Of Emergency by igochopurs(f): 6:50am On May 17, 2013
[size=18pt]Jonathan in order —Reps[/size]

The House of Representatives on Thursday stated that it was too hasty to conclude that President Jonathan breached the Constitution on the declaration of emergency rule in Adamawa, Borno and Yobe States on Tuesday night without due process, saying that the leadership of the National Assembly was carried along in the processes that led to the declaration of emergency rule in the affected states.

The Deputy Chairman of the House Committee on Media and Public Affairs, Hon. Victor Afam Ogene who stated this while fielding questions from newsmen noted that the President acted in good faith with the emergency rule.

He, however, said that “up till now, the president has not sent a letter to us on the state of emergency declared in the three states[b]. We are aware that the president, before the declaration, interfaced with the leadership of the National Assembly.”[/b]

The deputy spokesperson for the House also said “the leadership of the National Assembly did suggest that it will give a wrong message if the governors were to go. And we all agreed that the government is one; while the National Assembly is there to make laws, the executive is there to implement them.”

To this end, Honourable Ogene said more of such cooperation would go a long way in developing the nation, saying “government is one.”

On the seeming delay in transmission of the state of emergency proclamation by the president to the National Assembly, Honourable Ogene said the executive arm of government might be trying to put necessary things in place, in accordance with the constitution of the country, adding that it was understandable, since all the arm of government were working for the best interest of the nation.

He, however, explained that the emergency rule would not in anyway affect the amnesty to Boko Haram and equally called on the members of the sect to embrace the amnesty.

He stressed that the House would continue to support moves that would bring peace to the country.


[size=18pt]Senate debates emergency rule next week[/size]

The Senate will on Tueday, May 21, deliberate on the state of emergency which President Goodluck Jonathan declared in Adamawa, Borno and Yobe states on Tuesday.

Senate President, David Mark, asked his colleagues during the plenary session on Thursday to be present next week, explaining that their attendance that day would be crucial to an urgent national decision to be taken.

http://tribune.com.ng/news2013/index.php/en/component/k2/item/12075-emergency-rule-military-shuts-down-telecoms-networks-imposes-curfew-in-adama-senate-opens-debate-next-to-use-air-strikes-when-necessary
Re: Senate Says President Has Not Declared Any State Of Emergency by Nobody: 7:05am On May 17, 2013
did our president breach the constitution? NO!
is our president making sense? NO!
The question is, why is our president not doing the right thing? He obviously did not take this decision in a haste, he must have consulted widely and personally thought deeply about it. Then why did he not do the right thing, constitutionally?
Re: Senate Says President Has Not Declared Any State Of Emergency by pomporiking: 7:27am On May 17, 2013
Even america can put their personal interest aside when it comes to an emergency..they are all stewpid expecting jonathan to consult them when making such an important decision,he can exercise his executive powers which he did Their opinion wasn't needed he got those of his security chiefs
Re: Senate Says President Has Not Declared Any State Of Emergency by Joyfullyme: 8:37am On May 17, 2013
The senate’s position is founded on Section 305 of the constitution, which states that “Subject to the provisions of this constitution, the president may by instrument published in the official gazette of the government of the federation issue a proclamation of a state of emergency in the federation or any part thereof.”

The succeeding sub section requires that “copies” of the published gazette be “immediately” sent to the senate and the House for consideration and possible approval. Such approval is expected in two days if the lawmakers are in session, or 10 days, if they are on break.
"may"or may not
"Possible" not a neccesity
Re: Senate Says President Has Not Declared Any State Of Emergency by Super1759: 8:52am On May 17, 2013
cogitoErgo: did our president breach the constitution? NO!
is our president making sense? NO!
The question is, why is our president not doing the right thing? He obviously did not take this decision in a haste, he must have consulted widely and personally thought deeply about it. Then why did he not do the right thing, constitutionally?
Very simple. This is about national security and should be acted upon asap. Most of the house will vote against it and it will crumble. Am still certain that sponsors of BH are in that house. GEJ,on his own duly invaded the area with military personals and didnt dethrone the gov, meaning that he is following due process.
What's the cry for? These law makers should know atimes desperate measures should be taken to save lives and properties. FYI gej know the law and is smart on it.
Re: Senate Says President Has Not Declared Any State Of Emergency by dridowu: 9:49am On May 17, 2013
No Comment for now
Re: Senate Says President Has Not Declared Any State Of Emergency by Brimmie(m): 10:30am On May 17, 2013
Space Booked!!

Let Me Read The News!!

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