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Declaration Of Emergency Rule In Rivers, Extra-Constitutional, But Expedient

 

 

 

By Ademola Adegoroye

As a legal practitioner of over 30years, and having been fathered by one of the first generation of legal practitioners Nigeria produced, the late Prince Deji Adegoroye who was called to the Bar in England in 1960, and practiced Law in and around the Yoruba areas between 1962, when he returned home and 1993 when he left us and who in that period was one of the greatest protagonists for the creation of the old Ondo State and was indeed the Secretary General of the Committee for the creation of the state between 1972 and 1976 when the State was eventually created and whose chambers on Hospital road at Akure served as the Ondo State creation Secretariat, alongside the late Baba Akinyede of Ode Ekiti, Papa Ajasin of Owo, Papa Fasoranti of Akure, Papa Sehinde Arogbofa who served as the Committee’s Public relations officer, and even more importantly having cut my legal teeth in the firm of one of the most profound and hardworking legal practitioners of this generation, Chief Wole Olanipekun SAN , before (regrettably) running off to politics and becoming an active political participant since 1997, I was taken aback and almost in shock when Mr. President and Commander-in-Chief, Asiwaju Bola Ahmed Tinubu declared Emergency rule in Rivers State and went on to suspend democratic structures immediately.

I have taken time to properly read the enabling laws that sets out the conditions under which a State Governor may leave office. I have also listened to and read so much, particularly the opinion of the two sides to the conflict. I have also done some research on this issue and I have come to a convinced position that Mr. President took an action and a decision which only STRONG and COURAGEOUS leaders do, particularly when they are prepared to make sacrifices which will be beneficial to their countries and ensure that History records them positively, such that such individuals leave their footprints in the sands of time.

Perhaps, just perhaps, Mr President should just have waited and watched for another week or two and Nigerians would have seen the stories that would have come out of Rivers State…..Maybe , just maybe those who have taken an irreversible position on the matter would take a second look at Mr. President’s decision !

Nigerians must not quickly forget that the arms and ammunition in the possession of South-South warlords and militants are such that would frighten any nation where possession of arms is illegal. We must also not forget that Mr. President on an hourly basis has access to security information which perhaps, no one else has, another factor which must have made him act promptly and decisively in the circumstances. Like I pointed out earlier, only responsible leaders take extra -constitutional measures however illegal and unpleasant, to ensure law and order and improve responsible governance.

History is replete with the present situation that Asiwaju has found himself and I will mention a few instances.

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1. Sometime between 1861 and 1865, American President, Abraham Lincoln, suspended the writ of Habeas Corpus during the US Civil War. For the benefit of non-learned gentlemen who get to read this piece, a writ of habeas corpus is that which allows the courts to enforce the release of a detainee once the detention goes beyond the period allowed by law. In this instance, President Lincoln, by an Executive Order, went against constitutional provisions as enshrined, and suspended that Writ in order to prevent sympathizers of the idea of a confederation and the civil war protagonists from undermining the efforts of the US government at ending the war, by clamping those confederate protagonists into detention. This singular action by President Lincoln paid off and has helped to maintain national unity and size of the United States which is no doubt responsible for the status and strength of that country today. President Lincoln remains perhaps one of the most loved and revered Presidents that the US had had till today.

2. Prime Minister Indira Gandhi who is easily referred to as one of the strongest leaders of modern India sometime between 1975 and 1977 declared a State of Emergency in his country, suspending civil liberties, jailed opposition leaders and went ahead to even censor the press, measures which were against the laws of that country. That suspension of civil liberties led to a big row in the country and Gandhi was vociferously criticized.

Subsequently, those measures enabled the government to restore order and implement economic reforms which did a lot of good to India by strengthening it politically and economically. Besides, it led to humongous infrastructural development and economic reforms and the country thereby made significant progress. Despite the emergency rule she imposed, it was during her time that Bangladesh was created and she had a profound impact in that country. In any argument on who is the Prime Minister that India ever had, her name keeps recurring.

3. President Charles de Gaulle of France till this day remains perhaps the most inspiring and strongest leader ever produced by France. In 1958, he used non-constitutional, emergency powers to unilaterally draft a new constitution for his country, which vastly and in an unprecedented manner, increased his powers. He was criticized heavily within and outside of France for acting dictatorial because his actions undermined Parliamentary democracy. However, it was that singular action by Charles de Gaulle that brought political stability hitherto unknown in France, strengthened the Executive arm of government, enabled decisive governance and set France on the path to being one of the strongest and most politically democracies in the world.

Being a politician myself, I know that it is not out of place for us to read political meanings to Mr. President’s actions but time will tell whether it was a decision taken selfishly or that taken in good conscience for the overall good of Rivers State and the entire country in general.

Oil pipelines had started to be blown by unknown people at a time of deep economic recession and strangulation and threats of further breakdown of law and order were issued in the public space and even militants were already spoiling for a showdown. No responsible President would stand idly-by and watch that situation deteriorate and degenerate.

Finally, I dare say that Mr President’s actions have protected life and property in Rivers, restored law and order and it has preserved the nation’s economic infrastructure.

Who would say to me that had Governor Fubara and the Wike-supported House of Assembly still in place, we would still be experiencing the peace we presently enjoy in Rivers?

Strong, courageous Presidents and leaders the world over, take firm measures no matter how unpleasant. This is not to say that Asiwaju should become a dictator but I say that in the instant case, he acted like a statesman! I hereby call on Mr President to further act like that Stateman he is proving to be to once again intervene with a second meeting which would take balanced, far-reaching decisions in the interest of ALL and ensure the restoration of democratic governance in Rivers at the end of the six-month emergency rule. Wike and his junior brother, Fubara and indeed all the actors in Rivers would have taken these six months to cool off, be sober and reflect, to think deep and see whether all they’ve done since this crisis started has been in their own self- interest or in the interest of Rivers State and its good people.

.Prince Ademola Adegoroye, CON, KSC, writes from Akure, Ondo State.

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