E x c l u s i v e: Jonathan gets sweeping powers under emergency

.to control state funds and issue orders to governors

Governors of Adamawa, Borno and Yobe are now to take orders from President Jonathan on the administration of their respective states following the proclamation of emergency rule, according to official gazettes published by the Federal Government.

Copies of the two gazettes, exclusively obtained by Daily Trust, show that whereas the three affected governors are allowed to remain in office for the emergency period, they are subject to orders to be issued periodically by the president or by any of his designated officials.

The proclamation instruments also empower President Goodluck Jonathan to issue orders on utilising the funds accruable to the three states, as well as on arrests, detention and property confiscation.

“A state governor in an emergency area shall continue with the general functions of administering of the emergency area under the control of the president or any person designated or authorised to act on his behalf,” says section 2, subsection 1 of one of the gazettes, titled ‘Emergency Powers (General) Regulations, 2013, dated May 20.

Subsection 2 adds: “The president may give directions to a state governor or local government chairman directly or through his designate or a duly authorised person with respect to the administering of the emergency area and it shall be the duty of the state governor or local government chairman to comply with the directive.”

 On the finances of the three states, the gazette empowers the president to make orders that “provide for the utilisation of the funds of any state or local government in the emergency area”.

The gazette also says President Jonathan may make other orders “as appear to him to be necessary or expedient for the purpose of maintaining and securing peace, public order, public safety and good governance in the emergency area.”

The other gazette, titled State of Emergency (Certain States of the Federation) Proclamation, 2013, says the proclamation, announced last week, was necessitated by the fact that the crisis “overwhelmed” the response capacities of the three states. It says the situation requires “extraordinary measures” to restore peace, order and security in the states.

N/Assembly conditions

The National Assembly on Tuesday approved the state of emergency proclamation but set out conditions, including allowing the democratic structures in the affected states to function and for the Federal Government to use its resources to fund the military campaign launched as a result of the declaration.

But it was not clear how the Senate and the House of Representatives plan to ensure these conditions are met since the proclamation gazette did not clearly give room for amendment by the National Assembly.

When contacted for his reaction on the contents of the gazette yesterday, Borno State Governor Kashim Shettima said while his focus was on ending the security challenges in his state, he was aware that the National Assembly said democratic structures must remain functional during the emergency period. This, he added, means affected state governments would continue exercising their powers as provided by the constitution.

An emailed statement by Shettima’s spokesman Isa Gusau said: “Governor Shettima has noted that the debate is still ongoing given the fact that the House of Representatives, in its own, resolution, amended some of the proposed and set up a conference committee to harmonise positions with the Senate.

“Governor Shettima equally heard the Senate President on the NTA network news saying while reading the resolution of the Senate that democratic structures should remain functional as provided by laws of the land.

“Functionality as expressed by the Senate President would mean affected governments exercising powers and carrying out their duties as provided by the constitution. Therefore, Governor Shettima feels it would be pre-emptive to comment on the issue since the committee hasn’t concluded its work, which means the status quo is maintained.

“Governor Shettima believes that the amendment of the House of Representatives is in agreement with the public address of Mr President during the emergency proclamation at which he said, as backed by constitutional provisions, that democratic structures will remain intact and by implication should be functional for the purpose of governance. Governor is fully committed to best practices in the discharge of his duties as democratically elected Governor of Borno State.”

For its part, the Adamawa State government declined comment on the basis that it was yet to see full contents of the gazette.

When contacted, Governor Murtala Nyako’s director of press and public affairs Alhaji Ahmed Sajo said: “We are yet to read the full content of the gazette, and as such we wouldn’t like to make comments on it.”

The Yobe State government did not reply to an email by Daily Trust seeking comments on the emergency proclamation gazettes. Governor Ibrahim Gaidam’s spokesman Abdullahi Bego could not be reached by telephone because GSM services have been turned off in Yobe.

source: daily trust.