State Of Emergency: Jonathan Was Ill-Advised Says Clark

Elder statesman and Ijaw leader, Chief Edwin
Clark has said that the minister of justice and
attorney general of the federation, Mohammed
Bello Adoke (SAN), failed in his responsibility to
give appropriate advice to President Goodluck
Jonathan on the declaration of the state of
emergency in the three North-eastern states of
Adamawa, Borno and Yobe.
While addressing the media in Abuja yesterday,
Chief Clark said that Adoke should have advised
the president to suspend democratic structures
in the states when state of emergency was
declared in the states.
Clark cited the submission from some quarters
that the president lacks power to order a full
scale state of emergency based on a Supreme
Court judgement in a suit filed by a former
governor of Plateau State, Senator Joshua
Dariye that the constitution did not give the
federal government such power to suspend
democratic structures in any state where state
of emergency is declared.
He submitted that such position was a
misconception of the apex court’s judgement.
He described the governors in the three states
as anti-Jonathan and pro-Boko Haram.
Chief Clark further stated that the constitution
provides for democratic structures and
empowers individuals to hold offices, adding
that the constitution equally gives the president
of the country powers which he can exercise
when such action is in public interest.
“I do not believe that the war against insurgency
can be fought and brought under control with
nonchalant attitude to the legal interpretation of
Section 305(3) of the 1999 Constitution”, he said.
Clark said, “I choose to write you this open
letter with the belief that it will get to you
quicker and recieve your immediate attention
than routing it through the normal official
bureaucracy. I also want the general public,
particularly members of the Nigeria Bar
Association to show concern and react to my
feelings on this grave issue hence it is made a
public document. I have had sleepless nights
thinking about the mindless killings and
destructions being carried out by Boko Haram in
the country, this made me very sad and cause
me to cancel the various activities planned for
the marking of my 87th birthday.
“I am addressing this letter to you because of
your position as the Chief Law Officer of the
Federation as stated in Section 150(1) and (2) of
the 1999 Constitution, and by this capacity the
main legal adviser to the Federal Government
and to Mr. President and Commander-in-Chief
of the Armed Forces of the Federal Republic of
Nigeria”.