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May 6, 2025

Nothing to be gained from declaration of state of emergency(4), by Eric Teniola

Who else but Professor Benjamin Nwabueze (2), by Eric Teniola

From last week, Sir Abubakar Tafawa Balewa today concludes his motion on the declaration of a state of emergency in the Western Region following the Action Group crisis there.

“I solemnly assure you that the power we shall soon be forced to assume will be exercised in as humane and democratic a manner as the circumstances will permit and that as soon as reasonably may be, the Federal Government will actively promote and encourage a situation in which an early return to the normal process of Parliamentary Government could be guaranteed for all classes of people of Western Nigeria. I beg to move.” 

The Prime Minister’s motion was seconded by the Federal Minister of Finance, Chief Festus Okotie-Eboh representing Warri constituency.

In reply, the Leader of Opposition in the Federal Parliament, and Leader of the Action Group, Chief Obafemi Awolowo said: “I beg to move the following Amendment to the Motion already proposed by the Prime Minister:

“To delete all the words of the Motion after- That – and substitute- ‘This honourable House declares after having regard to the provisions of section 65 of the Constitution of the Federation of Nigeria a state of public emergency does not exist.’

“May I draw the attention of honourable Members to the provisions of section 65 of our Constitution. It is not usual for Members to read the Constitution unless occasion such as this arises or some other incidents which affect us occur.

“Section 65 reads: ‘65(1) Parliament may at any time make such laws for Nigeria or any part thereof with respect to matters not included in the Legislative Lists as may appear to Parliament to be necessary or expedient for the purpose of maintaining or securing peace, order and good government during any period of emergency.’

“The section 3-(3): In this section ‘period of emergency’ means any period during which (a) the Federation is at war; (b) there is in force a resolution by each House of Parliament declaring that a state of public of emergency exists; and (c) there is in force a resolution of each House of Parliament supported by the votes of not less than two-thirds of all the members of the House declaring that democratic institutions in Nigeria are threatened by subversion.

“That is the section, Mr. Speaker, and I hold the view very strongly- and that view is in no way shaken by the speech made by the Prime Minister that the step which the Federal Government now proposes is uncalled for and unwarranted.

“The first question which any reasonable person ought to ask himself is this. Is there a state of emergency in the Western Region? That is the most important question which the Prime Minister and the Cabinet must ask themselves. I submit with greater respect that a state of emergency does not exist in Western Nigeria.

“Not long ago after independence, there was rioting of a most severe nature in the Tiv Division of Northern Nigeria. Several lives were lost, several properties were destroyed, there was arson and a host of other crimes were committed. At that time, Sir Abubakar Tafawa Balewa was the Prime Minister as he is the Prime Minister, today. He did not think it fit to call this Parliament to declare a state of emergency in the Northern Region. Also, in Okrika- there was widespread rioting in Okrika; again, several lives and properties were lost. I understand that this widespread rioting in Okrika occurred twice in the Eastern Region. The Prime Minister and the Cabinet did not think it fit on that occasion to declare a state of public emergency in the Eastern Region.

“But, because the Action Group is pursuing the normal democratic processes as laid down in our Constitution to oust someone who happens to be very close friend of the Prime Minister, and also because the Action Group is looked upon as a moral foe to the NPC, this very far-reaching provision of our Constitution is now being invoked, only in respect of what might be described as squabbles inside the Chamber of the Western House of Assembly. It is doing violence to our Constitution and doing violence to the construction of words to suggest that what happened in the Western House of Assembly amounts to a state of public emergency.”