[allAfrica.com] Obasanjo Seeks Emergency Powers This Day (Lagos) NEWS May 26, 2004 Posted to the web May 26, 2004 By Kola Ologbondiyan, Lillian Okenwa And Ahamefula Ogbu Abuja President Olusegun Oba-sanjo has written the National Assembly seeking approval for emergency powers that would regulate the administration of the government of Plateau State during the next six months when his last week proclamation of emergency rule would lapse. The President sought the emergency powers in separate letters to the Senate and House of Representatives yesterday. The letters were read to the legislators by Senate President Adolphus Wabara and Speaker Aminu Bello Masari. But two indigenes of Plateau State, Messrs Elisha Mello and Nyam Adang have challenged the declaration of state of emergency in the state by asking the Federal High Court, Abuja to declare the act unconstitutional. The President's letter, entitled "State of Emergency (Plateau State) Proclamation: Emergency Powers Regula-tions," and dated May 21, 2004, noted that "sequel to the state of emergency, there is urgent need to make consequential regulations for the administration of the government of the state." "The regulations are made under Section 3 of the Emergency Powers Act 1961 (as modified). Under Section 5 of the said Act, every regulation so made requires approval by resolution of each House of the National Assembly within two months of the coming into operation of the regulations," he stated in the letter. Section 5 of the Act states, "Every regulation made under Section 3 and every order or rule made in pursuance of such a regulation shall, without prejudice to the validity of anything lawfully done thereunder, cease to have effect at the expiration of a period of two months from the date upon which it came into operation unless, before the expiration of that period, it has been approved by resolutions passed by both Houses of Parliament." However, the index to the Laws of the Federation of Nigeria 1990 described the Emergency Powers Act 1961 as "Omitted; spent" which means that the law was no longer in use. The Emergency Powers Act 1961 came into operation on March 30, 1961. Section 3 of the Act had stated that "During a period of emergency, the governor-general in council may make such regulations as appear to him to be necessary or expedient for the purpose of maintaining and securing peace, order and good government in Nigeria or any part thereof." Section 3 sub-section 2 (a - h) of the Act provides for some of the powers being sought by Obasanjo in his letter to the National Assembly. The regulations which the President is seeking National Assembly approval are: Emergency Powers (General) Regulations 2004; Emergency Powers (Procession and Meetings, etc); Emergency Powers (Reporting of Persons) Regulations 2004; Emergency Powers (Control of Arms and Explosives) Regulation 2004; Emergency Powers (Curfew) Regulations 2004; Emergency Powers (Detention of Persons) Regulations 2004; Emergency Powers (Restriction Orders) Regulations 2004; and Emergency Powers (Protected Places) Regulations 2004. After reading the letter, Wabara noted the need to "take immediate action on this matter because we will be going on recess next week. We need to take expeditious action" and the senators shouted "tomorrow." The President in another letter thanked the Senate President, House Speaker, and members of the Peoples Democratic Party (PDP) and All Nigeria Peoples Party (ANPP) in the National Assembly for their prompt approval of the emergency proclamation in Plateau State. Obasanjo's appreciation letter which was dated May 20, 2004 and addressed to Wabara, stated that "I have received with great pleasure and appreciation, the Senate proceedings on Wednesday, May 19, 2004, with respect to my letter requesting for the action of the Senate on my proclamation of a state of emergency in Plateau State." "The near unanimous endorsement by the Upper Chamber of the National Assembly of the motion in support of the proclamation has filled most Nigerians with new hope and inspiration. "I want to use this opportunity to thank you and other Distinguished and Honourable members of PDP and ANPP in the Senate for this prompt and positive action. I am also to convey the appreciation of the Federal Government of Nigeria, our great party (People's Democratic Party (PDP)) and all well meaning Nigerians for this significant development. "I am confident it will have salutary effect on our political stability and security, and give commonality of purpose and direction to our political, social and economic initiatives, programmes and development," he stated. Following the position of PDP and ANPP supporting the President's action, Obasanjo's proclamation of emergency rule in Plateau State got an overwhelming support from both chambers of the National Assembly. But the only PDP senator that voted against the proclamation of a state of emergency in Plateau State, Senator Uche Chukwumerije (PDP, Abia State) yesterday denied a newspaper (not THISDAY) report that he was influenced by the suspended governor, Chief Joshua Dariye, to lobby his colleagues. According to him, he voted against the state of emergency because "I was worried about allowing a quasi-military system in our nascent democratic rule." He added that, "I was not told about a party (PDP) stance and nobody up till now has called a meeting of the caucus to say that is the party's position." He stressed that a civilian approach to restoring peace in Plateau State should have been adopted noting that Obasanjo "has virtually achieved that with his visit to the scenes of the mayhem and tension has begun to die down and one would have thought that reconciliatory move would have continued." Meanwhile concerned Plateau indigenes have asked the Federal High Court, Abuja to declare the May 18 declaration by Obasanjo as unconstitutional, illegal, null and void and a negation of the 1999 Constitution, which did not empower anyone to suspend a democratically elected governor, deputy governor and House of Assembly of the state. Also joined as defendants in the suit are Attorney General of the Federation, Mr. Akin Olujimi, Wabara and members of the Senate, Bello Masari and members of the House and Major General Chris Alli (rtd), the Plateau State Administrator. In the suit filed yesterday by Mrs. Valerie Azinge, Mallo and Adang are asking the court to determine "whether in the light of the provisions of Section 305 of the Constitution of the Federal Republic of Nigeria, 1999, there was actual breakdown or danger of actual breakdown of public order in Plateau State to warrant the declaration of state of emergency therein by the 1st defendant (Obasanjo) on the 18th of May, 2004 and ratified by the 3rd and 4th defendants (the Senate and House of Representatives) on the 19th of May, 2004. "Whether in view of section 305 of the Constitution of the Federal Republic of Nigeria 1999, the 1st, 2nd, 3rd and 4th defendants (Obasanjo, Olujimi, Senate and House of Representatives) have not violated the due processes for declaring a state of emergency in Plateau State. "Whether they have powers within the provisions of the Constitution of the Federal Republic of Nigeria 1999 to appoint Chris Alli as sole Administrator of Plateau state." The plaintiffs amongst other reliefs are also asking the Court to make the following declarations: A declaration that the purported suspension of the Governor, Deputy Governor and House of Assembly of Plateau by the 1st and 2nd defendants (Obasanjo and Olujimi) and ratified by the 3rd and 4th defendants (Senate and House of Representatives) is unconstitutional and consequently null and void; A declaration that the purported appointment of the 5th defendant as the Sole Administrator (Chris Alli) of Plateau state by the 1st and 2nd defendants (Obasanjo and Olujimi) and ratified by the 3rd and 4th defendants (Senate and House of Representatives) is unconstitutional and consequently null and void. A declaration that any action taken by the 5th defendant during his purported governance of Plateau state is unconstitutional, null and void. An order that the Sole Administrator vacates the office of the Governor of Plateau state forthwith. An order that the purported suspension of the Governor, Deputy Governor and the House of Assembly of Plateau state be lifted and the status quo ante be returned to. An order perpetually restraining the defendants by themselves, agents, privies, servants and whomsoever from further suspending the Governor, Deputy Governor and House of Assembly of Plateau State.   =============================================================================   Copyright © 2004 This Day. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). =============================================================================