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Suspend Nigerian Constitution, declare martial law__ Malami advises Buhari
The Attorney-General Abubakar Malami has written a secret but lengthy legal advice to the Nigerian president, stating to him to suspend the fundamental rights of all Nigerians as guaranteed under Chapter IV of the Constitution.
The Attorney-General Abubakar Malami has written a secret and lengthy legal advice to the Nigerian president, stating to him to suspend the fundamental rights of all Nigerians as guaranteed under Chapter IV of the Constitution.
You will recall that President Muhammadu Buhari in a tweet though was later deleted by the Twitter board as it violated the bird app rules is in the process of declaring a state of emergency across the Federal Republic of Nigeria.
Hence, in the eight-page secret memo dated May 4, 2021, Malami told Buhari that insecurity across Nigeria has reached a level that could no longer be checked by existing democratic techniques. Adding that 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,” Malami said.
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In a statement published by the Peoples Gazette, 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.”