State Of Emergency: Lawyer Insists Jonathan Has Published Gazette

 

A legal practitioner as well as the Chairman, Editorial Board of National Daily Newspaper, Chris Akiri on Tuesday insisted that President Goodluck Jonathan has published the official gazette which has been a topic of controversy ever since a State of Emergency was declared in three northern states.
“He could never have declared a state of emergency without a gazette,” he said, while speaking on Channels Television’s breakfast programme, Sunrise Daily.
He said the constitution states that “the president shall by the publication of a proclamation of a State of Emergency, contained in that official gazette declare a state of that emergency.” This according to him is contained in Section 305 sub section 2.
He added that subsection 2 of the same section states that “Immediately after the proclamation, the President shall submit the gazette containing the details of State Of Emergency to the National Assembly.”
“You cannot declare a State Of Emergency unless and until you publish a gazette… so he has published it.” Akiri said.
On whether the Presidency has forwarded the gazette to the National Assembly, he said that if the publication is yet to be sent to the House; then the State of Emergency is ineffective.
He said that the procedure would have to be started all over again as the time for which approval should have been given by the National Assembly has already elapsed.
He said that the constitution states that “if within 2 days (if the House in in session) or 10 days (if it is not)… the National Assembly fails to give its approval, then the State Of Emergency shall have no effect.”
“Now, I believe the National is in session and therefore the State of Emergency which was declared by the president, as far as I’m concerned is no longer having any effect, as far as law is concerned.