A Senior Advocate of Nigeria has said that the declaration of a state of emergency over suspected herdsmen killing in Benue state is legally impossible.
The lawyer, Sebastine Hon, said speculations on such declaration by the presidency is would be baseless.
In a statement released on Wednesday, January 17, said an attempt by President Muhammadu Buhari to remove the Benue state governor, Samuel Ortom, in order to declare a state of emergency in Benue would lack constitutional backing.
Hon said: “ The social media is agog with speculations that the Presidency will soon declare a state of emergency in Benue State. Some of the media postings are suggestive of the ‘power’ of the President to overthrow the governmental structures in that state and to replace same with a sole administrator.
“Such speculation, though social media blogs, cannot be dismissed with a wave of the hand, in view, especially, of the orchestrated violent demonstrations in Makurdi on Saturday by the Hausa-Fulani, two days after the burial of the victims of the New Year massacre.
“The power to proclaim a state of emergency by the Presidency is provided for by Section 305 of the 1999 Constitution; and there is nothing in that provision, clear or latent, which imbues the President, or any authority for that matter, with any scintilla of power to remove or overthrow elected or appointed state officials. There being no such enabling provision, therefore, such arbitrary power cannot be implied; and if exercised, will be clearly illegal and unlawful,” the statement said.
The senior lawyer said Section 1(2) of the Constitution provides in clear terms that the Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of the Constitution.
Hon also said that a state House of Assembly has its constitutional lifespan, which cannot be trammeled or tempered with by any person or authority.
“The phrases ‘any person or group of persons’ and ‘any part thereof’ above mean that no authority or group of persons shall, under any guise whatsoever, take control of, in this case, Benue State, except as provided for in the Constitution itself.
“And of course, the only way a state governor can be removed from office or can vacate his office is by impeachment, death, sickness of such a magnitude as to impair him from performing the functions of his office, or by resignation.
“Under our constitutional jurisprudence, therefore, both the appointer and the appointee to the office or position of Sole Administrator of a state will be acting in flagrant breach Section 1(2) and other relevant provisions of the Constitution,” Hon added.
Hitng.com.ng earlier reported that Ortom has reportedly thrown his weight behind the call for restructuring of Nigeria.
The development came after leaders of the Ohaneze, Afenifere, Niger-Delta and the Middle Belt vowed to support the state when the need arises.
The leaders made this promise after they unanimously declared their support for the anti-grazing law.
You will Surely Like This Week HitNg Owanbe Styles
Friday HitNg Outfit For Owanbe party
Adebola Irede Daniel, one of former Ogun State governor, Gbenga Daniel’s children is set to wed.
Prophet Abiara Walked down the aisle with his new bride
Beautiful Photos From Osinbajo’s Daughter, Damilola And Shagaya’s Son, Oluseun’s Wedding
Lovely Pre-Wedding Photos Of Make Up Blogger Ronke Raji And Her Fiance
Buhari Pays N50k To Tinubu As Bride Price At Ganduje, Ajimobi Children’s Wedding
Checkout these viral pre-wedding photos of a lovely couple
Kulikuli – Facts About The Crunchy West African Snack
17 amazing health benefits of Guava leaves
Naija Celeb22 hours ago
BBnaija Winner, Miracle Goes On Boat Cruise With 10 Fans
Foreign Gossip21 mins ago
Couple die on the same day after 61 years of marriage
Foreign Celeb28 mins ago
Why Meghan Markle will only wear neutral polish from now on
Naija Celeb34 mins ago
Linda Ikeji: I Can Hide Baby Bump For Africa Sha! (Photos)
Naija Celeb5 mins ago
Weeding loading “Naija Cross dresser Bobrisky set to Wed