The full implications of the state of emergency in three states have been laid bare, creating anxiety among the North’s governors.
The proclamation by President Goodluck Jonathan has turned the governors into mere puppets, critics said yesterday.
Besides, it allows the President to hold the states’ funds.
The governors cannot perform official functions unless in accordance with directives given to them by the President, his designate or any authorised person.
Also, the House of Assembly may perform skeletal roles because any Order made under the emergency is assumed to be a law enacted by the House of Assembly.
The Emergency Powers (General) Regulations, 2013 contained in
an official gazette was made available to the National Assembly on Monday.
Although democratic structures have been retained, the regulations have caged the governors who are expected to defer to President Jonathan on their functions.
Some Northern governors and leaders are said to be uncomfortable with some sections of the gazette.
It was learnt that the crippling of the governors informed the decision of the House of Representatives to curb the powers of the President under the state of emergency.
The House and the Senate are to harmonise their differences on the issue.
The Senate adopted the regulations wholesale on Tuesday.
A governor, who spoke in confidence, said: “There are landmines in the regulations, which a despotic president could take advantage of to remove a sitting governor or render a governor redundant.
“Some of us are worried that our colleagues in Adamawa, Borno and Yobe would not be able to exercise their executive functions. Even the Houses of Assembly in the three states cannot make laws because emergency order is assumed to have the status of an enacted law.
“With the political tension towards 2015 election, the President can invoke these regulations under emergency rule in any state.”
“Two of the three states are being controlled by the opposition. Going by the attitude of the ruling Peoples Democratic Party (PDP), the governors can be in servitude for as long as the emergency lasted,” the source said.
Governors of the North are to meet today to review the regulations and reach out to the National Assembly.
“There is no point preserving democratic structures only in name,” another source said, who added: “Northern leaders are in support of addressing the insurgency but the emergency regulations are laced with political booby traps. The governors have become dummies; they cannot do anything because they are not in control.
“For instance, the President can delegate his authority to any person in an emergency area where there is a sitting governor. In spite of the constitutional proclamation of Nigeria as a Federation, the Emergency Regulations allow the President to have access to the funds of the three states.
“Also, the commissioners of police in the three affected states are only expected to take directives from the President and not the governor. So, technically, the three governors are no longer the chief security officers of their states during the emergency period.”
A principal officer in the House of Representatives, who spoke in confidence, said: “Having observed the lacuna in the regulations, we have raised a team to meet at the joint conference with the Senate. We were not carried away by the spur of the moment.
“I think, it is apparent that the President has too much power under the emergency rule to the detriment of the governors and Houses of Assembly. The democratic structures are really not in place in the real sense of it.”
The regulations read in part: “State governor in an emergency area shall continue with the general functions of administering the emergency area under the control of the President or a person designated or authorised to act on his behalf.
“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
“The President may give directions to a state governor or local government chairman directly or through his designate or a duly authorised 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
“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.
“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 – 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; authorize the taking of possession or control of any property or undertaking in the emergency area; authorise the entry and search of any premises; provide for the application of any law (with or without modification), in relation to that area; provide for the utilisation of the funds of any State or local government in the emergency area; provide for the payment of compensation and remuneration to persons affected by the order; provide for the apprehension, trials and punishment of persons offending against the order; and provide for the maintenance of such applies and services as the President considers essential to the lives of persons in the emergency area.
“Nothing in sub-regulation (2) of this regulation shall authorise the making of provisions for the trial of a person by military courts.
“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.
“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.
“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 authorised 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.
“It shall be the duty of any person holding office – as Governor in any of the emergency States; as local government chairman in any of the local government areas in the affected states; or 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 authorised person.
“Any instrument purported to be signed by the President, his designate or a person authorised by him shall until contrary is proved, be deemed to be signed by the President, his designate or the authorized person.”
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.
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