June 10, 2004
Emergencies and Excesses! (2)
Last week, the National Assembly passed into law the eight proposed regulations sent to it by President Obasanjo to enforce the emergency rule imposed in Plateau State.
Most of these regulations are sad reminders of the dark days of military rule in Nigeria; though the federal lawmakers attempted to whittle down some of the provisions capable of making a dictator out of the Sole Administrator, a lot still remain in those regulations (‘decrees’) that could easily aid absolutism.
There is the Emergency Powers (Detention of Persons) Regulations 2004 which empowers the Sole Administrator to detain any person if he is satisfied that such a person is connected with acts prejudicial to public safety and that it is necessary to exercise control over the person. He was also given the discretion to determine the period of detention and the conditions of detention of such a person.
There is also the Emergency Powers (Restriction Orders) Regulations 2004 which empowers the Administrator to restrict the free movement or remove any person from Plateau State. Other discretionary powers of the Administrator include the power to direct any person to report in a place and at a time and be made to comply with such instructions as the Administrator may deem fit. The Administrator may also prohibit public meetings and processions.
The check mechanism entrenched in some of the regulations notwithstanding, it is very weak and can in no way curb flagrant abuse of human rights. As it was under military rule, the Constitution is being undermined and its supremacy is gradually being impugned.
In as much as some emergency measures may be needed to restore normalcy to Plateau State, the sacking of democratic institutions and the breeding of a dictator in its place is definitely not the solution to the deep rooted ethno-religious conflict in the State. Facilitating genuine reconciliation between the warring factions and helping to build trust in their inter-relationship is a preferred option.
CRP therefore reiterates its call on President Obasanjo and the National Assembly to act within the bounds of the Constitution in addressing the crisis in Plateau State. CRP further calls on the National Assembly to re-visit the said Emergency Regulations with a view to expunge all obnoxious and anti-human rights provisions therefrom.
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