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What Does GEJ Mean By State Of Emergency Yet Governors, Etc Retain Their Powers? - Politics - Nairaland

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What Does GEJ Mean By State Of Emergency Yet Governors, Etc Retain Their Powers? by azat: 11:54pm On May 14, 2013
15.The details of this Proclamation will be transmitted to the National Assembly in accordance with the provisions of the Constitution. But in the meantime, let me make it clear that within the purview of thisProclamation, the Governors and other political office holders in the affected stateswill continue to discharge their constitutional responsibilities.
16. I urge the political leadership in Borno, Yobe and Adamawa states to co-operate maximally with the Armed Forces and the Police to ensure that the exercise succeeds. We call on the citizenry to co-operate with our security agencies to ensure a return to normalcy within the shortest possible time.

I've been trying to understand this! I thought during state of emergencies governors relinguish their powers to military administrators. Any clarifications please...
Re: What Does GEJ Mean By State Of Emergency Yet Governors, Etc Retain Their Powers? by Xfactoria: 12:00am On May 15, 2013
azat: 15.The details of this Proclamation will be transmitted to the National Assembly in accordance with the provisions of the Constitution. But in the meantime, let me make it clear that within the purview of thisProclamation, the Governors and other political office holders in the affected stateswill continue to discharge their constitutional responsibilities.
16. I urge the political leadership in Borno, Yobe and Adamawa states to co-operate maximally with the Armed Forces and the Police to ensure that the exercise succeeds. We call on the citizenry to co-operate with our security agencies to ensure a return to normalcy within the shortest possible time.

I've been trying to understand this! I thought during state of emergencies governors relinguish their powers to military administrators. Any clarifications please...


Many of you guys ruing the non-sacking of the Governors didn't hear or read the speech ni? He started that statement with "But in the meantime......." referring to the period until the National Assembly approves their full plan.

Why don't you guys just try to understand English?
Re: What Does GEJ Mean By State Of Emergency Yet Governors, Etc Retain Their Powers? by azat: 12:06am On May 15, 2013
X-factoria:



Many of you guys ruing the non-sacking of the Governors didn't hear or read the speech ni? He started that statement with "But in the meantime......." referring to the period until the National Assembly approves their full plan.

Why don't you guys just try to understand English?
Trash! That is not how to declare a state of emergency. If so, then he has not declared anything yet.
Re: What Does GEJ Mean By State Of Emergency Yet Governors, Etc Retain Their Powers? by Nobody: 12:17am On May 15, 2013
I still dont understand why some people want the governors removed. I wouldn't support any measure or state of emergency that'll dismantle democratic institutions. Yes, OBJ did it but it was WRONG. It is WRONG to use state of emergency to settle political scores. That was exactly what OBJ did with his state of emergency.

By the way, of what good purpose will removal of state governors serve? Maybe as punishment for the governors and other political actors in the state. Some have also argued that it may stop the flow of funds from politicians to Boko haram (if indeed there is anything like that)

But what about the demerits of removing state governors? First is that placing the responsibility of governing a state on the military may stimulate their appetite for broader political power. It is also an unnecessary DISTRACTION because the military that ought to be wholly engaged in strategising on how to curb Boko haram may be busy dispensing political patronage.

I think the president did the RIGHT thing by allowing elected political office holders to continue to discharge their constitutional responsibilities while the military take full charge of security in the state.

However, whether the state of emergency will successfully curb boko haram remains to be seen. But I love the fact that the president's message was firm and must have sent very strong signal to Boko haram and their collaborators. With the state of emergency, the flood gates have been opened for more and more troops to be deployed to those troubled states.
Re: What Does GEJ Mean By State Of Emergency Yet Governors, Etc Retain Their Powers? by Xfactoria: 12:54am On May 15, 2013
azat: Trash! That is not how to declare a state of emergency. If so, then he has not declared anything yet.

I don't blame you. Obasanjo gave you guys a false definition of state of emergency when he removed Governors of the affected states. Obasanjo only took those actions on the premise of doing what is necessary to bring law and order in the affected states especially when in those cases (Plateau and Ekiti States), the Governors were part of the breakdown of law and order.

Below is what the relevant section of the constitution says about state of emergency declaration by the President. Please point out where that provision specifically state that the Governors and political office holders in the state must be sacked.

"[b]305. (1) Subject to the provisions of this Constitution, the President may by instrument published in the Official -Gazette} of the Government of the Federation issue a Proclamation of a state of emergency in the Federation or any part thereof.
(2) The President shall immediately after the publication, transmit copies of the Official -Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the Proclamation.
(3) The President shall have power to issue a Proclamation of a state of emergency only when -
(a) the Federation is at war;
(b) the Federation is in imminent danger of invasion or involvement in a state of war;
(c) there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security;
(d) there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger;
(e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation;
(f) there is any other public danger which clearly constitutes a threat to the existence of the Federation; or
(g) the President receives a request to do so in accordance with the provisions of subsection (4) of this section.
(4) The Governor of a State may, with the sanction of a resolution supported by two-thirds majority of the House of Assembly, request the President to issue a Proclamation of a state of emergency in the State when there is in existence within the State any of the situations specified in subsection (3) (c), (d) and (e) of this section and such situation does not extend beyond the boundaries of the State.
(5) The President shall not issue a Proclamation of a state of emergency in any case to which the provisions of subsection (4) of this section apply unless the Governor of the State fails within a reasonable time to make a request to the President to issue such Proclamation.
(6) A Proclamation issued by the President under this section shall cease to have effect -
(a) if it is revoked by the President by instrument published in the Official Gazette of the Government of the Federation;
(b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the Proclamation;
(c) after a period of six months has elapsed since it has been in force:
Provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period for the Proclamation of the state of emergency to remain in force from time to time for a further period of six months by resolution passed in like manner; or
(d) at any time after the approval referred to in paragraph (b) or the extension referred to in paragraph (c) of this subsection, when each House of the National Assembly revokes the Proclamation by a simple majority of all the members of each House.[/b]"

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Re: What Does GEJ Mean By State Of Emergency Yet Governors, Etc Retain Their Powers? by wirinet(m): 1:02am On May 15, 2013
Sincere 9gerian: I still dont understand why some people want the governors removed. I wouldn't support any measure or state of emergency that'll dismantle democratic institutions. Yes, OBJ did it but it was WRONG. It is WRONG to use state of emergency to settle political scores. That was exactly what OBJ did with his state of emergency.

By the way, of what good purpose will removal of state governors serve? Maybe as punishment for the governors and other political actors in the state. Some have also argued that it may stop the flow of funds from politicians to Boko haram (if indeed there is anything like that)

But what about the demerits of removing state governors? First is that placing the responsibility of governing a state on the military may stimulate their appetite for broader political power. It is also an unnecessary DISTRACTION because the military that ought to be wholly engaged in strategising on how to curb Boko haram may be busy dispensing political patronage.

I think the president did the RIGHT thing by allowing elected political office holders to continue to discharge their constitutional responsibilities while the military take full charge of security in the state.

However, whether the state of emergency will successfully curb boko haram remains to be seen. But I love the fact that the president's message was firm and must have sent very strong signal to Boko haram and their collaborators. With the state of emergency, the flood gates have been opened for more and more troops to be deployed to those troubled states.

How can you talk of Democratic institutions when the country is under siege? Did you not hear that the government - both state and federal have lost control of a sizeable portion of bornu. If seems you are oblivious if the fact that these states are bordering on anarchy.

The "DEMOCRATIC" constitution makes provision for suspension of "DEMOCRATICALLY" elected representatives, unless you are arguing with the constitution.

What GEJ is doing is actually unconstitutional, you cannot declared a state of emergency and still have governors and all elected representatives in office.
Re: What Does GEJ Mean By State Of Emergency Yet Governors, Etc Retain Their Powers? by Xfactoria: 1:19am On May 15, 2013
wirinet:

How can you talk of Democratic institutions when the country is under siege? Did you not hear that the government - both state and federal have lost control of a sizeable portion of bornu. If seems you are oblivious if the fact that these states are bordering on anarchy.

The "DEMOCRATIC" constitution makes provision for suspension of "DEMOCRATICALLY" elected representatives, unless you are arguing with the constitution.

What GEJ is doing is actually unconstitutional, you cannot declared a state of emergency and still have governors and all elected representatives in office.

Can you point out where the constitution says democratically elected officials must be sacked You obviously need some education on this. Grab the constitution and read. It is written in English!

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