Thursday, May 23, 2013

Jonathan Gets Sweeping Powers Under Emergency

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.

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