Technocrat Media Nigeria
ABUJA – President Muhammadu Buhari may soon suspend the Constitution of the Federal Republic of Nigeria to declare a state of emergency across the country on the basis of insecurity and the need to ensure national security.
In a secret memo date May 4, 2021, the Attorney-General, Abubakar Malami wrote a lengthy legal advice to the president, asking him to move without delay to suspend the fundamental rights of all Nigerians as guaranteed under Chapter IV of the Constitution so as to deal with some agitators.
According to Peoples Gazette, in the eight-page secret memo dated May 4, 2021, Mr Malami told Mr Buhari that insecurity across Nigeria has reached a level that could no longer be checked by existing democratic techniques, saying only a state of emergency promulgated by the president can help return the country to tranquillity.
“The essence of declaration is to allow for suspension of constitutional and legal bureaucratic bottlenecks pertaining to matters of National Security with particular regards to fundamental rights guaranteed under Chapter IV of the 1999 Constitution and processes and procedures relating to procurements, among others,” the attorney-general said.
Mr Malami said the president should issue instruments of emergency and publish them in the federal gazette. Senate President Ahmed Lawan and Speaker Femi Gbajabiamila will be informed about the decision ahead of implementation, he added.
“To douse probable legal tension, it is important for the proclamation instrument of the statement of emergency to expressly provide for the suspension of Chapter IV of the 1999 Constitution and its attendant enforcement rules,” Mr Malami wrote. “The suspension of rights pertaining to matters of national security will then give legal backing for the proclamation of the statement of emergency to be operational and effective without litigious or judicial distractions.”
The memo was endorsed to the president by National Security Adviser Babagana Monguno and administration officials are divided on how to proceed with the advice.
“Clearly, different factions of our government have different positions on this alarming proposal, ”a presidency official told The Gazette. “But everyone agrees that the AGF holds powerful sway over the president and it would be a miracle if the Constitution is not suspended as he recommended.”, Peoples Gazette reported.
AGF Malami and presidential spokesman Garba Shehu failed to return requests posted to them for comments about the proposal by The Gazette.
The President was accused of threatening Nigerians via his tweets on Tuesday which has been deleted by Twitter as the contents of the tweets violated the platform’s policy.
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