According to reuben abati and other well known legal officers.

1.Was obasanjo wrong in plateau and ekiti state?
2.Is the constitution a weak one that should be edited in an emergency case?

Removal of Governor in Plateau and Ekiti in OBJ time was based on? And was it a fiat decision by the President then?

Paroh_frey: Removal of Governor in Plateau and Ekiti in OBJ time was based on?

The same state of emergency na

And was it a fiat decision by the President then?

Ok,then obj was wrong and gej right?

By Femi Falana (SAN)

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.

" President Jonathan did not attempt to suspend the Governors from office as nothing in Section 305 of the 1999 Constitution (as amended) gives him such a power. What Obasanjo did in the past in suspending Governors through a declaration of a State of Emergency was illegal, unconstitutional, null and void.

Unfortunately, none of the Governors had the mettle to challenge him in court....

Festus ­ keyamo (Esq)

Demdem: Because Obj did it doesn't make it right. Probably this should be tested in a court of law.

Court of law? That would be in a country where the executive understands and abides by the rule if law. A government which has a clear separation of powers between all organs of the state.

Nigeria is not one of such states. Nigeria is a jungle and we have a fisherman presiding over it to buttress that notion.

Demdem: Because Obj did it doesn't make it right. Probably this should be tested in a court of law.

A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours. It can be used as a rationale for suspending rights and freedoms, even if guaranteed under the Constitution. Such declaration usually comes during a time of natural or man-made disasters, during periods of civil unrest or following a declaration of war or situation of international or internal armed conflict.

fkaz:

A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours. It can be used as a rationale for suspending rights and freedoms, even if guaranteed under the Constitution. Such declaration usually comes during a time of natural or man-made disasters, during periods of civil unrest or following a declaration of war or situation of international or internal armed conflict.

Your point is?

1960 and 63 constitutions gave the federal government the right to remove state governors (I'll cite the exact sections and quote it when I get home). This led to a problem.

What would happen if the federal government tried to suspend a governor simply because he was from an opposition party? Should the federal government be able to overturn the wishes of the people as expressed in an election?

That provision was removed from the constitution to prevent a repeat of the Balewa/Akintola/Adegbenro/Ebube Dike/fire on the mountain episode.