By Eric Teniola
IN reply, the Leader of Opposition in the Federal Parliament, and Leader of the Action Group, Chief Obafemi Awolowo said: I beg to move the following Amendment to the Motion already proposed by the Prime Minister:
“To delete all the words of the Motion after-That – and substitute- “This honourable House declares after having regard to the provisions of section 65 of the Constitution of the Federation of Nigeria a state of public emergency does not exist.”
“May I draw the attention of honourable Members to the provisions of section 65 of our Constitution. It is not usual for Members to read the Constitution unless occasion such as this arises or some other incidents which affect us occur.
Section 65 reads: “65(1) Parliament may at any time make such laws for Nigeria or any part thereof with respect to matters not included in the Legislative Lists as may appear to Parliament to be necessary or expedient for the purpose of maintaining or securing peace, order and good government during any period of emergency.”
“The section 3-(3) In this section “period of emergency” means any period during which (a) the Federation is at war; (b) there is in force a resolution by each House of Parliament declaring that a state of public of emergency exists; and (c) there is in force a resolution of each House of Parliament supported by the votes of not less than two-thirds of all the members of the House declaring that democratic institutions in Nigeria are threatened by subversion.
“That is the section, Mr. Speaker, and I hold the view very strongly- and that view is in no way shaken by the speech made by the Prime Minister that the step which the Federal Government now proposes is uncalled for and unwarranted.
“The first question which any reasonable person ought to ask himself is this. Is there a state of emergency in the Western Region? That is the most important question which the Prime Minister and the Cabinet must ask themselves. I submit with greater respect that a state of emergency does not exist in Western Nigeria.
“Not long ago after independence, there was rioting of a most severe nature in the Tiv Division of Northern Nigeria. Several lives were lost, several properties were destroyed, there was arson and a host other crimes were committed. At that time, Sir Abubakar Tafawa Balewa was the Prime Minister as he is the Prime Minister,today. He did not think it fit to call this Parliament to declare a state of emergency in the Northern Region. Also in Okrika- there was widespread rioting in Okrika; again, several lives and properties were lost. I understand that this widespread rioting in Okrika occurred twice in the Eastern Region. The Prime Minister and the Cabinet did not think it fit on that occasion to declare a state of public emergency in the Eastern Region.
“But, because the Action Group is pursuing the normal democratic processes as laid down in our Constitution to oust someone who happens to be very close friend of the Prime Minister, and also because the Action Group is looked upon as a moral foe to the N.P.C., this very far-reaching provision of our Constitution is now being invoked, only in respect of what might be described as squabbles inside the Chamber of the Western House of Assembly. It is doing violence to our Constitution and doing violence to the construction of words to suggest that what happened in the Western House of Assembly amounts to a state of public emergency.
“I was present there myself and when I left that Chamber, those who were outside the Chamber did not even know that anything was happening inside the Chamber. Ibadan is peaceful- the whole of the Western Region is peaceful; it is true that the newspaper have been exaggerating the situation in the Western Region, the Prime Minister himself has lent his support to this exaggeration; he cancelled all his engagements- whether they existed or not I do not know; the Governor- General was suddenly summoned back from his holiday in Nsukka to come to Lagos even when there was no deterioration in the situation in the Western Nigeria.
“ I maintain that this is a calculated, premeditated attempt on the part of the Prime Minister and his Cabinet to try, if they could, to castrate the Action Group, to disturb the welfare of the people of the Western Nigeria who have always been looked upon as the foes of the N.P.C.
“May I say that I can understand the yearnings and the wishes of the N.C.N.C. and the stand of the N.C.N.C. in this matter. Every political party wants to be in power- we want to be in power here in the Centre one day, and by the grace of God we will. But the N.C.N.C. wants, naturally, to fish in troubled waters. If I were in their shoes, I would think that no occasion is more favourable than now to have a dissolution of the Legislature of the Western Region, because this dissolution now would mean a split in the votes of the Action Group. It might be that by such a split, they could sort of fluke in and form the Government of Nigeria. In any case, whatever happened after that dissolution, the N.C.N.C. would not be any worse off than they were before, namely to be in the Opposition- that is the worst that could happened to them . But there is a chance- the off-chance- that they may just manage to win.
“Therefore I can understand the action of the N.C.N.C. in this matter, because that is the party in opposition in the Western Region. The N.P.C. has no foothold in the West, and it is doing its very best to find a foothold in the Western Region.
“There are a number of persons who call themselves N.P.C. Members for Ibadan, but they are by themselves; they have some following of a type among people who live in Mokola, Ibadan, that is to be understood; but the N.P.C. as such has no following in the Western Region, and it is the N.P.C. dominated Federal Government that now wants to impose its rule on the people of the Western Nigeria, simply because there was what the Prime Minister called uproar in the Chamber of the Western House of Assembly- not an uproar in Ibadan as whole; not uproar in Ogbomoso the home of Chief Akintola who is involved in this matter; not an uproar in Ijebu-Remo; not an uproar in Ikorodu, not an uproar anywhere in the Western Region. The Prime Minister thinks that this very far-reaching provisions of the Constitution should be invoked merely to save a friend!
“Secondly, what is a public emergency? What is a state of public emergency? May I say that my view quite candidly is that a state of public emergency arises only when there is widespread violence in any part of the Federation. In this particular case there is no widespread violence or rioting or disturbance in the Western Region. And yet, the Honourable Minister for War- for Defence- sent soldiers to Ibadan as a matter of routine I think, because the soldiers there have been moved to Congo; and then he went on the air to say”Oh yes, we have sent them there because of the tension in Ibadan.” Where is the tension in Ibadan? I may walk about the streets of Ibadan, and if the Mnister of Defence challenges, I invite him to come along to Ibadan and go about the streets of Ibadan. But they want to create this artificial tension in the Western Region in order to invoke this far reaching provision of the Constitution.
“Thirdly I say- I said it outside this House and I want to repeat it on the floor of this honourable House- that the action now being taken by the Federal Government is a gross misuse of power; I do not say abuse because as far as I can see there is no abuse yet- I hope the Federal Government does not abuse its power in the process of implementing this Resolution, but so far it is a gross misuse of power; the circumstances which should warrant the use of this power have not yet risen.
“What is more? The Prime Minister was very, very careful in stating the events which led to his having to decide to take this action which he is now taking. I never knew him to be journalist, I know him to be an educationist, a politician and a statesman, but like some journalists he has put a little bit of twist and slant in relating the events, so as to show that it is the Action Group, vis-à-vis Chief Akintola that is at fault in this matter. Why did the Prime Minister not tell this House the story which the Police have no doubt told him concerning the events in the House of Assembly on that day! He knows the story but he has chosen not to tell it, and since he has failed to tell it, I will tell that story and challenge the Prime Minister to deny it.
“The truth is that in the House of Assembly that day, Honourable Members were assembled as we are here now assembled; prayers were said and then immediately after that, one Mr. Oke, a supporter of Chief Akintola, a Member from Ogbomosho, jumped on the desk and was running about on the desk and then lifted a chair and struck somebody on the head. That is how it started, and then thereafter one Mr. Ebubedike, the Member for Badagry, who lives in Ajeromi, took the Mace and then in an attempt to strike the Speaker with the Mace, the Mace struck the Table and broke into two. These events were witnessed by the Police and then chairs were lifted and were thrown all over the place by supporters of Chief Akintola.

Awo the greatest. If you have any great son, anywhere let him come and learn from Awo.

How do I get access to the full report?

adudu208:
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Below is what led to it.


By Eric Teniola
THE crisis of the Action Group reared its ugly head at the party’s annual convention held in Jos, Plateau in January 1962 like a joke. It was at the convention that the General Secretary of the party, Chief Ayotunde Rosiji (1917-2000) resigned and Mr. Samuel Goomsu Ikoku (1912-1997) took over as the Chief Scribe of the party. Chief Anthony Eromosele Enahoro (1923-2010) became the deputy leader of the party. Mr. Ikoku had earlier defeated his father, Dr. Alvan Ikoku by 59 votes in the Eastern Nigeria House of Assembly election. The 8th convention of the party was held in African Sports Club in Jos with Chief Ajibola Idowu Ige,SAN(1930-2001) elected publicity Secretary of the party and with Professor Samuel Adepoju Aluko(1929-2012), Prof. Hezekiah Adedunmola Oluwafemi Oluwasanmi (1919-1983), Prof. Victor Adenuga Oyenuga(1917-2010),Chief Arthur Edward Prest(1906-1976), Prof. H.E. Ajose, Dr. Sanya Dojo Onabamiro (1913-1985) and Prof. Akinlawon Ladipo Mabogunje(85),in attendance. At the convention, then leader of the party, Chief Obafemi Awolowo (1909-1987) was on one side, while the Premier of the Western Region at the time, Chief Samuel Ladoke Akintola (1912-1966) was on another side. The crisis snowballed into a major national crisis, the consequences of which we still face today.

On May 29, 1962, then Prime Minister, the Right Honourable Sir Abubakar Tafawa Balewa (1912-1966) summoned an emergency meeting of the Federal House of Representatives which was then the Federal Parliament in Lagos during which he moved a motion on the Action Group crisis. The full motion is hereby reproduced and the reply of the then opposition leader, Chief Obafemi Awolowo. The motion reads thus:” I rise to move the Resolution standing in my name which reads as follows:”That in pursuance of section sixty-five of the constitution of the Federation, It is hereby declared that a state of public emergency exists in Western Region and that this resolution shall remain in force until the end of the month of December, nineteen hundred and sixty-two.”
“Members know the reasons why Parliament has reassembled to-day. For the past week or so there has been no properly constituted Government in Western Nigeria. I would like to recapitulate briefly the events which have led to this impasse and in doing so I would like to emphasise that the Federal Government had been motivated solely by the desire to ensure that peace, order and tranquility are maintained throughout parts of the Federation.
“ A political crisis developed within the Action Group which was the party in control of the Government of Western Nigeria. Following the crisis the National Executive of the party deposed Chief Akintola as Deputy Leader and asked him to resign his appointment as Premier of Western Nigeria. On the 20th of May, the Premier advised the Governor of Western Nigeria that in view of the political crisis which had been developed in the Region and of the rival claims of the two factions to a majority support of the electorate in the Region His Excellency should exercise his powers under section 31 of Part III of the Constitution of Western Nigeria to dissolve the Legislative House of the Region. The Governor refused.
“On the same day the Premier asked the Speaker, for the same reasons, to convene the Western House of Assembly for Wednesday, May 23rd to consider and pass a Motion for a vote of confidence in the Government of Western Nigeria but the Speaker also refused. The following day the Governor purported to exercise the powers vested in him by section 33(10) of the constitution of Western Nigeria set out in the Fourth Schedule to the Nigeria Constitution Order-in-Council 1960 and purported to remove Chief Akintola from his office as Premier of Western Nigeria with effect from the 21st of May. Chief Akintola thereupon filed a Motion in the High Court challenging the power of the Governor to remove him from office in the manner he did. The matter is still before the court for determination.
“The Governor, nevertheless, proceeded to exercise the powers in normal circumstances vested in him by section 33(1) of the Constitution of Western Nigeria by purporting to appoint Chief D.S. Adegbenro to be Premier of Western Nigeria with effect from the 21st of May. A meeting of the Western House of Assembly was summoned for the 25th of May.
“As Members know, two unsuccessful attempts were made on that day to hold meetings of the Western House of Assembly; the first one ended in a violent uproar and disorder. The police had no alternative but to use tear gas to disperse all Members, but before then the House had become a shambles. I was then approached by one side to the dispute to allow the Nigeria Police to guard the Chamber of the Western House of Assembly so that another meeting could be held, this time, in the House of Chiefs which was to be used as the House of Assembly. The other side almost immediately warned that it would be unwise and risky to allow such further meeting to be held. Before the attempt to hold a second meeting I felt impelled to issue the following release: “The two factions in the Action Group have contacted the Prime Minister regarding the holding of another meeting of the Western Nigeria House of Assembly today. The Prime Minister cannot stop the meeting from taking place but because of the fight which has broken out in the House this morning if the parties decided to hold a meeting of the House of Assembly they may do so. It must be on the strict understanding that there will be no police protection within the Chamber. If, however, any party insists on being afforded police protection within the Chamber the police may be so present, but the Federal Government will not accept any decision reached as a result of such proceedings in the Chamber. If in spite of all the efforts of the Police there should be an outbreak of violence or any disorder, the Police have authority to clear the Chamber and lock it up.”
“Shortly after the release had been issued, I received a further report from the Inspector-General of Police that an attempt had been made to hold a meeting under Nigeria Police protection but that it has resulted in a far greater uproar and commotion than the earlier one. The Police therefore cleared the Chamber and locked it up.
“ In the afternoon of the same day, May 25th, the Council of Ministers met to discuss the situation. The same evening I made a nation-wide broadcast explaining the position of the Federal Government in the matter, and in the course of any broadcast, I made the following observation:
“No responsible Government of the Federation could allow an explosive situation such as that which now exists in Western Nigeria to continue without taking adequate measures to ensure that there is an early return to the Region of peace, order and good Government.”
“I said a few moments ago that the past week or so there does not appear to have been any validly constituted Government in Western Nigeria. In the light of the violent incidents on May 25th which badly shattered both Houses of Assembly, it is difficult to see how the public affairs of the Western Region could possibly be carried on in an atmosphere of warring factions of a party in power so sadly rent asunder in the old world struggle that will ultimately do nobody any good inside and outside Western Nigeria. This is the background against which I ask honourable members to assess the situation and to authorize the Government of the Federation to take appropriate measures in accordance with the provisions of our constitution.
“Allegation of conspiracy have been made against the Federal Government, that it had planned the whole crisis in order to take over the Western Nigeria Government. It has also been said in certain quarters that this parliament would be abusing its powers were it to declare a state of emergency because the sad and unfortunate occurrences had not extended.
“Nothing could be rather from the truth. We are surely not responsible for the chain of events that led to the party and personal wrangles and the attempted by-passing of the Western Legislature and to the mutual dismissal and counter dismissal between the Governor and Premier. The question at issue is whether in the absence of a duly constituted Government in Western Nigeria, the Federal Government have no responsibility for ensuring peace, order and good government in that region. The main purpose of this Resolution is to seek Parliament’s approval for measures which the Federal Government proposes to adopt in order to ensure an early return to Western Nigeria of peace, order and good government.
“I ask all Nigerians to co-operate and support the Federal Government at this momentous turning point in our national history. It is not yet two years since we began the adventurous but arduous talk nation building. The eyes of the whole world are upon us, particularly now when we, a responsible and friendly people are seeking to exercise our development plans and to increase the happiness and prosperity of our people.
“I solemnly assure you that the power we shall soon be forced to assume will be exercised in as humane and democratic a manner as the circumstances will permit and that as soon as reasonably may be, the Federal Government will actively promote and encourage a situation in which an early return to the normal process of Parliamentary Government could be guaranteed for all classes of people of Western Nigeria. I beg to move.” The Prime Minister’s motion was seconded by the Federal Minister of Finance, Chief Festus Okotie-Eboh representing Warri constituency.

Chief Obafemi Jeremiah Oyeniyi Awolowo, GCFR, (may his tribe increase!) first Premier of the old Western Region, and later federal commissioner for finance, and vice chairman of the Federal Executive Council (1967-1970) was a man with a vision, a purpose, and foresight - a man who saw tomorrow. May his soul continue to rest in peace, and may his legacy never be forgotten.