The Special Adviser to President Goodluck Jonathan on Media and Publicity, Reuben Abati on Wednesday said the president action of declaring a state of emergency in Borno, Yobe and Adamawa states does not violate any part of the Nigerian constitution.
Mr Abati, who disclosed this in an interview with Channels Television, said thought the constitution gave President Jonathan the power to declare a state of emergency on any state where there is a breakdown of public order and public safety, it does not empower him to remove democratically elected officials.
President Jonathan had on Tuesday imposed a state of emergency on Borno, Yobe and Adamawa states as a step in curtailing the growing tide of insurgency in northern Nigeria.
In a nationwide broadcast, the President drew his power on section 305(3 (c) (d) (f) of the Constitution of the Federal Republic of Nigeria 1999 as amended, which states that the President shall have power to issue a state of emergency only when “there is actual breakdown of public order and public safety, there is a clear and present danger of an actual breakdown of public order and safety in the federation or any part to require extraordinary measure to restore peace and security or to avert such danger” and there is any other public danger which clearly constitutes a threat to the existence of the Federation.
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