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Agbaje Says Emergency Rule Will Alter Existing Legal Order

Channels Television  
Updated May 16, 2013

Lawyer and public affairs analyst, Fred Agbaje has said that the imposition of state of emergency on some troubled northern states is comparable to a military coups d’état.

Mr Agbaje, who was a guest on Channels Television’s breakfast programme, Sunrise daily, said President Goodluck Jonathan did the right thing by not suspending constitutionally elected officials while declaring the emergency rule.

He however said in principle when the President declared a state of emergency in Borno, Yobe and Adamawa, “the existing legal order must give way to the new one because the two cannot operate pari passu or concomitantly.”

Mr Agbaje said President Jonathan should have suspended the executive and legislative arms of government in Borno, Yobe and Adamawa states while the state of emergency lasted.

He said though the Nigerian constitution does not empower the President to sack democratically elected officials, it also did not say that the president cannot remove these officials from office during a state of emergency.












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