Falana, Fasehun, Keyamo, others laud Jonathan

[TGD]

 SOME prominent Nigerians have commended President Goodluck for not displacing democratic structures in Yobe, Borno and Adamawa states where he declared state of emergency.

Among those who lauded the action are the national president of the Oodua Peoples Congress (OPC), Dr. Frederick Fasehun, eminent lawyers and civil rights activists, Femi Falana (SAN) and Festus Keyamo.

They were all united in their views that the declaration of state of emergency in the affected states was in order and in the overall interest of the country.

Fasehun said on Wednesday that the action was long overdue and had been over delayed at huge cost to lives and property, stressing that insecurity and democracy were two strange bedfellows.

Falana lauded Jonathan for not following the tradition of his predecessor, former President Olusegun Obasanjo who displaced structures of governance in states where he declared emergency rule during his tenure.

Falana said: "However, President Jonathan deserves commendation for acting within the ambit of the constitution. Unlike ex-President Obasanjo who illegally removed elected governors under the guise of a state of emergency, President Jonathan  has not dissolved democratic structures in the affected states. That is in order because an elected governor can only be removed by impeachment, resignation or on ground of infirmity of body or mind and not through a state of emergency.

He added: ''For the avoidance of doubt the proviso to Section 11 (4) of the Constitution which empowers the National Assembly to take over the legislative powers of a state in case of emergency states that nothing in this section shall be construed as conferring on the National Assembly power to remove the governor or the deputy governor of the state from office.'''

Falana urged the President not to end his respect for the rule of law in his full compliance with the law in the state of emergency declaration but to further it and assure Nigerians that the era of impunity was over.

Keyamo also corroborated Falana's position that Jonathan had set a good example by retaining the structures of governance in those states.

"It is constitutionally correct that the President did not attempt to suspend the governors from office as nothing in Section 305 of the 1999 Constitution (as amended) gives him such a power. What Obasanjo did in the past in suspending governors through a declaration of a state of emergency was illegal, unconstitutional, null and void," he added.



The Guardian