*Says State Of Emergency Is Not An Executive Act Alone
*Says The Legislature Must Be Involved
*Queries Why State Of Emergency Is Not Contemplated For States Like Kaduna, Borno, Zamfara
![](https://thenigerialawyer.com/wp-content/uploads/2026/09/2026-IDRI-Masterclass.png")
The Chairman of the Nigerian Bar Association Section on Public Interest and Development Law, NBA-SPIDEL, Monday Ubani, has expressed worry over recent happenings in Nigeria.
Dr. Ubani, who happens to be a past first NBA Vice-President, noted with dismay the recent statement by the Honourable Attorney General of the Federation and Minister of Justice Mr. Abubakar Malami, SAN threatening to declare state of emergency in Anambra State over the deteriorating security situation in the state. Dr. Ubani says such comment by the A.G is not only outrageous but worrisome stating that the Executive Arm of Government cannot single-handedly declare the State of Emergency without the input of the Legislature. He further wondered why the Federal Government is not considering state of emergency in states like Kaduna, Zamfara, Katsina and Borno where terrorists feast on Nigerians on daily basis.
Dr. Ubani Esq. also expressed worry over the continued borrowing by the Federal Government without significant input on the economy. He noted that the rising debt Profile of Nigeria and the weakness of Naira which is responsible for inflation in the country cannot be fixed by borrowing but by running a productive economy.
“For me, two issues stood out this evening in the National News and I found them very discomforting and alarming. The two of them are (1) the threat of the Attorney General, Mr Abubakar Malami SAN to impose state of emergency on Anambra State due to the deteriorating state of insecurity in that state and (2) the promise of the Minister of Finance, Mrs Zainab Ahmed to borrow more money to finance 2022 budget.
“The first news is not only funny but shocking to any discernible fellow. The Section that provides for state of emergency in 1999 constitution is Section 305. The Section empowers the President to issue the declaration by way of an official gazette. However, a two-thirds majority of the National Assembly members must ratify the executive proclamation within two days if the legislators are in session, or ten days if they are not.”
Questions upon questions are popping up in my mind and they are as follows:
1. Does the AG of Federation know that state of emergency declaration and implementation is not an executive act alone?
2. Why is it that the state of emergency is not being contemplated for States like Kaduna, Borno, Zamfra, and even Imo State where we have had a more precarious state of insecurity all this while? In Kaduna State, people are being killed like chickens on daily basis. Why this selective threat if I may ask.
3. Has the State of insecurity in Anambra deteriorated to the level contemplated by the constitution to warrant the application of state of emergency? Assuming but not conceding that it does, what preemptive action has the government taken to prevent total breakdown of law and order in that State before contemplating the state of emergency?
“I certainly smell a rat. The incoming election at Anambra State is at the root of the contrived insecurity and the expected effect is this subtle but easily discernible threat to impose a state of emergency on the State. Patriots should speak up and tell Mr Malami that Nigerians are too intelligent for this move that smells politics. Electoral victory is secured through the mandate of the people freely given not through manipulation and intimidation. It will not work! We affirm “no” to selective state of emergency! ”
“Another sad news is the promise of the Minister of Finance to borrow further to finance the deficit of 2022 budget that is yet to be passed. Presently Nigeria’s debt stood at 45billion dollars and if we add the 4billion dollar request recently approved by the Senate, we are talking of over 50billion dollar debt liability. Presently several billion are used to service our debt in Nigeria. The illogical argument by the Minister that Nigeria’s borrowing status is healthy is nonsensical and unacceptable because the sufferings of Nigeria presently stems from the weak position of our currency due to consumption without production and the economic consequences of so much borrowings without corresponding creation of wealth.”
“Nigeria’s future is doomed by this crop of Nigeria’s leadership that cannot create any wealth whatsoever but engage in senseless borrowings with no corresponding evidence of progress or development of our basic infrastructures.”
He, therefore, called on Men and women of goodwill to speak up urgently, further stating that we are in peril and endangered if state of affairs persists this way without being halted.
“It is our future and prospect that is in the discussion here, I AM ALARMED!”
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
