THE provision for declaration of emergency in the 1999 Constitution is not by accident. It is a product of necessity essentially to safeguard the protection of life and property and prevent a resort to anarchy in appropriate cases. This explains why then President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, Chief Olusegun Obasanjo, had to invoke the provisions of Section 305 of the 1999 Constitution on Plateau State in 2004 and Ekiti State in 2006.
“305 – Subject to the provisions of this constitution, the President may by Instrument published in the official Gazette of the Government of the Federation issue a proclamation of a state of emergency in the federation or any part thereof. there is a clear and present danger of an actual breakdown of public order and public safety in the federation or any part thereof requiring extra-ordinary measures to avert such danger.
Secondly, the fate of an impeached governor is very clear under Section 188 of the 1999 Constitution. In very simple words, when a governor is impeached, another person is sworn-in – not as an acting governor but as a substitute one. In other words, the new man steps fully into the shoes of the former governor with all the rights and privileges of governor wholly “transferred”.
Authority exercised during a temporary vacancy of the throne or a suspension of the regular government.Thus, in an emergency period, there is no governor – meaning that the provisions of Section 188 of the 1999 Constitution would no longer have any relevance. This is where the rulings of some court to the effect that an impeached governor still enjoys immunity from prosecution, etc, becomes patently ridiculous and totally absurd and bizarre.
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