A legal practitioner, Jiti Ogunye, has said that the State of Emergency declared by President Goodluck Jonathan is unconstitutional, stating that due process was not adhered to.
“The President has not declared a state of emergency… and cannot declare a state of emergency.” He said.
Recently, President Jonathan declared a State of Emergency in three northern states of the federation: Adamawa, Yobe and Borno; exercising his powers as enshrined in Section 305 Subsection 1 of the Nigerian Constitution.
“However, Mr Ogunye said in an interview on Sunrise that “the President acting under Section 305 (that he evoked) can only issue by an instrument, a ‘proclamation’ of a state of Emergency.”
He said that a declaration of a state of emergency takes a process which starts with a proclamation and publication in an official gazette of the Federal Government.
The second stage would be a transmission of a gazette to the legislative arm of government for consideration and approval which can be secured by majority vote.
Thereafter, a declaration of a state of emergency is made, after all these steps have been taken.
He said the President’s telecast speech was only an announcement.
“A procedure must be followed before you can have a State of Emergency, under constitutional law” He said.
He also said that although “we may be under severe pressure… to get quick solutions…the due process of law must be followed to the letter.”
