DECLARATION OF STATE OF EMERGENCY IN 3 NORTH EAST STATE

President Jonathan deserves commendation for acting within the ambit of the constitution. Unlike President Olusegun Obasanjo who illegally removed elected governors under the guise of a state of emergency President 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. 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”. Having complied with the constitution with respect to the state of emergency in 3 states President Jonathan should henceforth demonstrate to Nigerians that the days of presidential impunity are gone for ever in the country- Femi Falana. The President have shown charater in his decision to allow democratic structure remain.