The Presidential Scam Behind Jonathan’s State of Emergency Declaration Exposed
Barely 24 hours after the National Assembly unanimously approved the presidential declaration of a state of emergency in three northern states of Borno, Yobe and Adamawa, the scam behind the declaration as contained in the official gazette of the order has been uncovered.
Under the emergency rule, the official gazette of the order empowers President Goodluck Jonathan to seize the monthly allocations of the affected states and local governments from the federation account, but may choose to give them a handful of the accrued amount as he pleases.
This provision of the official gazette empowering the president to withhold the allocation of the affected states is contained in section 3 subsection 2(e) of the order.
The order empowering the president is not new to the players involved as it was also learnt that the president had in 2012 set a precedent for this when the presidency withheld the monthly allocation of 15 local government areas in Borno, Yobe and Plateau states when they were placed under emergency rule on 31st December 2011.
The fund was later released in May 2012 after the affected states threatened court actions against the Federal Government and the National Assembly passed resolutions asking the FG to release the fund.
One can now begin to correlate the objection of the declaration of the state of emergency by opposition parties, especially the Action Congress of Nigeria, ACN as there is a suspicion that the orders in the gazette is a sinister motive by the presidency to box the affected states into a corner.
The affected states in the latest order are states that two are controlled by opposition party, ANPP while the third one controlled by PDP, Adamawa, the governor of the state Murtala Nyako has fallen out of favour with the president.
Read the Full Text of the Official Gazzette
Federal Republic of Nigeria Official Gazette
NO. 28 Lagos ______20th May, 2013 Vol.100
Government Notice No.85
The following is published as Supplement to this Gazette
S.I No. Short Title Page
5. Emergency Powers (General) Regulations, 2013 .. .. B47-49
EMERGENCY POWERS ACT
EMERGENCY POWERS (GENERAL) REGULATIONS, 2013
[20th day of May, 2013]
WHEREAS pursuant to the provisions of Section 305 (1), (3) (c), (d) and (f) of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria has declared that a State of Emergency exists in the States listed in the Schedule to these Regulations :
NOW THEREFORE, in exercise of the powers conferred upon me by Section 3 of the Emergency Powers Act, No. 1 of 1961 (as modified) and of other powers enabling me in that behalf, I, DR. GOODLUCK EBELE JONATHAN, President of the Federal Republic of Nigeria, hereby make the following Regulations-
1. In these Regulations unless the context otherwise requires___
“duly authorized person” means any person designated or authorized to act on behalf of the President of the Federal Republic of Nigeria with respect to the administration of any emergency area ; and
“emergency area” means that States listed in the Schedule of these Regulations including the Local Government Areas of the States.
2.__(1) A State Governor in an emergency area shall continue with the general functions of administering the emergency area under the control of the President or an person designated or authorized to act on his behalf
(2) A Local Government Chairman in an emergency area shall continue with the general functions of administering the emergency area under the control of the President or any person designated or authorized to act on his behalf
(3)The President may give directions to a State Governor or Local Government Chairman directly or through his designate or a duly authorized person with respect to the administration of the emergency area and it shall be the duty of the State Governor or Local Government Chairman to comply with the directive
3.__(1)The President may, make such Orders as appear to him to be necessary or expedient for the purpose of maintaining and securing peace, public order, public safety and good governance in the emergency area.
(2)Any Order made under sub-regulation (1) of this Regulation may in particular, if it appears to the President to be necessary or expedient for the purpose mentioned in the sub-regulation –
(a) make provision for the detention of any person either within the emergency area or elsewhere, removal and exclusion of any person from the emergency area;
(b)authorize the taking of possession or control of any property or undertaking in the emergency area;
(c) authorize the entry and search of any premises;
(d) provide for the application of any law (with or without modification), in relation to that area;
(e) provide for the utilization of the funds of any State or Local Government in the emergency area;
(f) provide for the payment of compensation and remuneration to persons affected by the Order;
(g) provide for the apprehension, trials and punishment of persons offending against the Order; and
(h) provide for the maintenance of such applies and services as the President considers essential to the lives of persons in the emergency area.
(3) Nothing in sub-regulation (2) of this regulation shall authorize the making of provisions for the trial of a person by military courts.
(4) An Order made under these Regulations may provide that the Order shall have effect for all purposes as if it were a law made by the House of Assembly of the State of the emergency area concerned.
(5) The President shall, as soon as reasonably practicable after an Order has been made under these Regulations, transmit a copy of the Order to each House of the Assembly for approval and if the National Assembly disallows the Order, it shall cease to have effect without prejudice to anything done there under.
4. Subject to the provisions of subsection (3) of section 215 of the Constitution of the Federal Republic of Nigeria 1999 and of any direction given in pursuance of that subsection, a person designated or authorized by the President may give the Commissioner of Police in the emergency area such directions with respect to the maintenance of security, public safety and order as the person considers expedient and it shall be the duty of the Commissioner of Police to comply with the directions.
5. It shall be the duty of any person holding office ___
(a) as Governor in any of the emergency States;
(b) as Local Government Chairman in any of the Local Government Areas in the affected States; or
(c) in the public service of the State in the emergency area within the meaning of the Constitution of the Federal Republic of Nigeria 1999; to exercise their functions in accordance with any directions given to them by the President, his designate or any authorized person.
6. Any instrument purported to be signed by the President, his designate or a person authorized by him shall until contrary is proved, be deemed to be signed by the President, his designate or the authorized person.
7. These Regulations may be cited as the Emergency Power (General) Regulations, 2013.
ISSUED at Abuja this 20th day of May, 2013.
DR. GOODLUCK JONATHAN, GCFR
President of the Federal Republic of Nigeria
(This note does not form part of the above Regulations but is
intended to explain its purport)
These Regulations make provisions for the general administration of the emergency areas.
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