₦airaland Forum

Falani, a human rights lawyer, also described the move as illegal and unconstitutional.

According to him, Muhammadu Buhari’s administration “has just realised that the deployment of troops without the declaration of emergency rule in many states of the Federation is illegal and unconstitutional”.

He recalled that since 2015, President Buhari has imposed emergency rules in Borno, Yobe, Adamawa, Zamfara, Kaduna and the Katsina States by deploying members of the armed forces to assist the police in the restoration of law and order.

According to the senior lawyer, the President has adopted such extraordinary measures without seeking the approval of both chambers of the National Assembly.

“In other words, since the emergency rule imposed on the North East region by President Goodluck Jonathan expired by effluxion of time, President Buhari has not renewed or extended it,” he said via a statement on Wednesday.

“The National Assembly has not challenged the illegal emergency rule imposed without any declaration as stipulated by section 305 of the Constitution.

“Hence, the threat issued by the Attorney-General of the Federation is an attempt to return to constitutionalism with respect to the imposition of emergency rule in Anambra State and other states in the North-West, North-East and South-East regions where the Federal Government is waging a full-scale war against terrorists and the so-called gunmen.”

Falana insisted that nowhere in the Constitution has the President been vested with the power to remove the elected governor of a state and suspend democratic structures.

He explained that the governor of a state can only be removed by impeachment or resignation and not by imposition of emergency rule, adding that the tenure of legislators is four years in line with the provisions of the Constitution.

“Even though former President Olusegun Obasanjo removed two Governors via the imposition of emergency rule, the PDP-led Federal Government later jettisoned the illegal practice,” the lawyer maintained.

“Hence ex- Presidents Umaru Yar’adua and Goodluck Jonathan never used emergency rule to remove elected governors or suspend legislative houses and local government councils. Indeed, the Federal Government has since realised that it is unjust and immoral to remove a governor of a state since the president exclusively controls the armed forces, the police and other security agencies.

“To that extent, the Federal Government should drop the dangerous plan to remove the Governor of Anambra State and impose a Sole Administrator on the eve of the forthcoming gubernatorial election in the State.”

https://www.channelstv.com/2021/10/06/commissioner-falana-fault-planned-move-to-impose-state-of-emergency-in-anambra/

See power tussle, this buhari don over abuse power.

“Hence, the threat issued by the Attorney-General of the Federation is an attempt to return to constitutionalism with respect to the imposition of emergency rule in Anambra State and other states in the North-West, North-East and South-East regions where the Federal Government is waging a full-scale war against terrorists and the so-called gunmen.”

Spot on.

Here is what Section 305 summarises as opined by Falana:

It says:
(1) 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.

(2) The President shall immediately after the publication transmit copies of Official Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate, the Speaker, of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the Proclamation.


Thank you.

Malami is a total disgrace to the robe. He represents everything that is wrong with the leadership of Nigeria. I thought Aandoaka will be the worst AGF this Nation will ever experience, but this Malami of a man is a billion times worst than Aandoaka. Sometimes I imagine if he even went to secondary school. The man is too daft to even be a Clerk in a village magistrate court. How did Nigeria end up with such humans at the helm of her affairs? May God deliver Nigeria from these hyenas.

As far as nobody prays for a military rules, I think it's necessary in some sittuation, even in this scenario, not only at state level. The security threat is not in particularly in the south east alone but all over Nigeria.

And even there may perhaps be some hypocritical moves by the Federal government because I don't see the reason why Federal government can not also have the same thought of emergency proclamation in the Northern states where there are even more worst security threat than any other region in this country.

I can never allow sentiment to becloud my sense of reasoning and judgement, if I were the head of this government, I would have called this warring youths together to know thier rifts and grievances particularly in the South, so that the issue will not be degenerated into what will not be contained by military force or coercion.

But my experience during the end sars protests and the total silence of the government on such a crucial issue to quickly take action, wether strict or coax, made me to believe that we don't have any functional government in this country.

And, no government can practically win guerrilla war.

Buhari has continued to overreach himself. He has moved the army to the South-East to enforce "Golden Dawn" while Niger State for instance is under Boko Haram rule. Why he focuses on the South-East with minimal security challenges and shows blind eye to many northern states overrun by bandits and terrorists beats me. Hypocrisy of the highest order!

Nigeria herself needs a state of emergency to remove the president joor

Malami was not picked and retained by Buhari without a reason; he [Buhari] needed someone as dull and shallow-minded as himself to flow. "Birds of a feather they always say..."

Buhari and his cohorts, how do you even think an Igbo tribe can be subdued by the use of coercion.
I don't think it's possible at all.

It's not a matter of chest beating (for some Yoruba puppets that will attack me). It's a real fact.
Coercion ain't an option to Igbo people

That's the law. Let the federal government abide the rule of law. Kudos to Femi Falana

MALAMI ABUBAKAR the confused kettle carrier offsprings of Ala.May lightening boil his Ballz.This Terrorist is behind unrest in d country

Very stupid ignoramus, let them try it.... They want to use State of emergency and rig anambra election. They should declare State of emergency in the north where Boko Haram is having a field day killing innocent citizens

Someone that should be repairing and polishing shoes is whom they made AGF. All these brainless fulani terrorist jihadists. You will never get ur hands on Anambra State I assure u that.

I don't why no rep could raise impeachment. God pass them. Some men will eat grass like Nebuchadnezzar.

See finishing! This stupid and half-baked lawyer called Malami is a big disgrace to the Nigerian judicial system, I wouldn't know how he found his way to that glorious seat. Right from time, northern education has not been up to standard, you get to know that right from their entry requirements to the university. Everything about them has been quota system and not merit, that doesn't work in education.

Malami is a Muslim fanatic and that see laws in an Islamic way ,he does not give a damn to Nigeria constitution.. Muslim fanatic is equal to terrorlst

Malami na follow come dictator. If he has opportunity to be President he will be worse than Bubu and Abatcha. I think he doesn't deserve that position, CJN is too big for myopic and shallow thinkers. APC mistake.

What a mess! This is really getting out of hand. I told you guys that the APC has been responsible for all the insecurities in Anambra start of recent. This Anambra election has always been thier end game.

Why are they trying illegal means of stealing people's choice. Not even legal way of stealing.

Last last, in the Northern constitution, there must be SOE in Anambra.

The man in aso Villa right now.....

Attorney ignoramus of the federation

Falana is a fool at 40 . he never condemned IPOB for saying no election. he never blame IPOB terrorist for killing ,shutting and burning people business every week .

Zamfara and Katsina ve being begging for dat

When the head is sick, what is expected of the body.

the Federal Government has since realised that it is unjust and immoral to remove a governor of a state since the president exclusively controls the armed forces, the police and other security agencies.

Rather the president should be removed for incompetence in managing the security agencies.

Ignoramus of the highest order for that matter.

Malami and Buhari are experimenting their sad bad intentions, but they should be careful, life can change and turn over their heads in just a second

Between Buhari (the dullard), Malami (useless cow) and Pantami (stupid terrorist), I don't know who is more stupid

Mr. Falana the state is collapsing I think declaring a state of emergency is the best at this juncture. Cos Anambra is the beginning of South Eastern states, so if Anambra is not secure which is not right now then other states in the South East including the beautiful Enugu will be affected. I support the president move to declare a state of emergency.