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Killer Herdsmen Raid Benue Community, Kill Policeman, 45 Others

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Forty-six persons were reportedly killed on Wednesday as suspected armed herders unleashed a deadly attack on the Umogidi community of Entekpa Adoka district in the Otukpo Local Government Area of Benue State.

The fresh attack came a day after suspected herders invaded the community and killed three persons on Tuesday.

On Monday, the Igbobi community in the neighbouring Apa Local Government Area of the state was also attacked, with three persons killed.

It was gathered that the armed herders returned to the Umogidi community on Wednesday evening, shortly after the burial of the three persons earlier killed in the Tuesday attack.

The Special Adviser to Governor Samuel Ortom on Security, Lt. Col. Paul Hemba (retd.), while speaking to journalists on the phone, described the incident as “very tragic and painful.”

He said, ‘I can confirm to you that there was an attack in Umogidi and as of this morning, the causality figure, from those who were seen physically from what I was told, was 46. But the figure may be higher because some people are still reported missing.”

Also, confirming the attack, the Chairman of Otukpo Local Government Area, Bako Eje, on Thursday, said, “You know that these herders killed three people on Tuesday and they (herders) came back on Wednesday at about 4.15 pm and killed 46 people, including my own son, who was 32 years old. We just buried him and some other persons are still missing.

“Among the people killed were my immediate younger sister’s husband, and her second son who was almost 38 years old.”

Narrating the attack, a resident of the community, who identified himself as Sunny, said, “We were still mourning the death of the three people killed on Tuesday by these herders when we started hearing gunshots from different angles leading to the death of several people.”

The spokesperson for the state police command, Catherine Anene, confirmed the recovery of eight corpses.

“Attack on Umogidi community is confirmed. Eight corpses have been recovered, including a police officer. More police teams have been deployed to the area to forestall further breakdown of law and order,” Anene said.

Meanwhile, no fewer than 60 people have been reportedly killed across some villages in the state in the past month.

A media platform, Christian News, claimed that the deceased victims were Christians, although, The PUNCH could not verify the claim by the news platform.

The latest attack was the killing of seven people in the Ikobi and Apa communities on Saturday, April 1.

Assailants were said to have killed a Christian in an attack on a worship meeting at night in Ikobi.

Earlier that day, several houses were said to have been razed, while more than six Christians were killed by the attackers.

“Christian villages in Apa Local Government Area are under attack. Many Christians have been displaced by armed herdsmen. These attacks have forced Christians to abandon their farms. There has been no government intervention in order to stem these attacks.”

In Benue state’s Logo County on Saturday night, Fulani herdsmen invaded a church service at about 9 p.m., killed one Christian, wounded five others and kidnapped the pastor and four other congregation members, sources said.

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Rivers: Falana faults Tinubu on Suspension of Fubara, Other Elected Officers

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A human rights lawyer, Mr. Femi Falana, has described as illegal the decision of President Bola Tinubu to suspend Governor Siminalayi Fubara, his deputy  Ngozi Odu, and all elected members of the Rivers State House of Assembly for a period of six months.

In a statement made available to the media, the senior lawyer said the President’s decision cannot be justified under any of the provisions of the 320 sections of the Constitution of the Federal Republic of Nigeria, 1999, as amended.

While recognizing that Section 305 of the Constitution empowers the President to take extraordinary measures to restore law and order if there is an actual breakdown of public order and public safety in the Federation, Falana argued that the extraordinary measures which may be adopted by the President to restore peace and security do not include the suspension of an elected Governor, an elected Deputy Governor, and the dissolution of other democratic structures.

He, therefore, called on the President to follow the path of constitutionalism without any delay and to proceed to reinstate the suspended Governor Fubara and Deputy Governor Odu and restore all democratic structures in Rivers State.

The learned silk said: “This call is without prejudice to the duty imposed on the President to adopt extraordinary measures to restore law and order in Rivers State under Governor Fubara in strict compliance with the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended.”

Below is the full statement

ILLEGALITY OF DISSOLUTION OF ELECTED DEMOCRATIC STRUCTURES IN NIGERIA

The decision of President Bola Tinubu to suspend Governor Siminalayi Fubara, his deputy, Mrs Ngozi Odu, and all elected members of the Rivers State House of Assembly for six months is illegal as it cannot be justified under any of the provisions of the 320 sections of the Constitution of the Federal Republic of Nigeria, 1999 as amended.

No doubt, Section 305 of the Constitution empowers the President to take extraordinary measures to restore law and order if, among other reasons, there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security or there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger.

But, the extraordinary measures which may be adopted by the President to restore peace and security in the Federation or in any particular State does not include the suspension of an elected Governor, an elected Deputy Governor and the dissolution of other democratic structures. For the avoidance of doubt, section 45(3) of the Constitution provides that a ‘period of emergency’ means “any period during which there is in force a Proclamation of a state of emergency declared by the President in exercise of the powers conferred on him under section 305 of this Constitution.”

Thus, in accordance with the relevant provisions of the Nigerian Constitution, the office of an elected governor can only become vacant upon death, ill health, resignation, or impeachment. Even where the office of the Governor becomes vacant for any reason whatsoever, the Deputy Governor shall be sworn in as the Governor.

And where the offices of the Governor and Deputy Governor become vacant at the same time, the Speaker of the State House of Assembly shall become an Acting Governor for not more than 3 months. During the 3-month period, a fresh election shall be conducted by the Independent National Electoral Commission for the election of a new governor.

It is pertinent to state that the failure of a House of Assembly to function in Rivers State can not be a justification for the dissolution of democratic structures in any State of the Federation. Indeed, the Constitution had envisaged that a State House of Assembly may not be able to function due to one reason or another. Hence, section 11(4) of the Constitution stipulates as follows:

“At any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order and good government of that State with respect to matters on which a House of Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State:

Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.”

In 2004 and 2006, we condemned the illegal dissolution of democratic structures when President Olusegun Obasanjo imposed emergency rules on Plateau State and Ekiti State, respectively. Regrettably, on both occasions, the Supreme Court refused to determine the constitutional validity of the dissolution of democratic structures on the ground that the suit were procedurally incompetent because they were instituted during the six-month emergency period by the suspended legislators in the name of Plateau State without the authorization of the Sole Administration of the state!

However, in 2013, when a state of emergency was declared in Adamawa, Borno and Yobe States by former Presidents Goodluck Jonathan, we urged him to reject the pressure mounted on by anti democratic forces to remove the elected Governors and dissolve democratic structures in the affected States. President Jonathan followed the path of constitutionalism.

In 2021, the then Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN announced the plan of the federal government to declare a state of emergency in Anambra State over insecurity and threat to a complete breakdown of law and order in that part of the Federation We advised President Buhari not to demolish democratic structures even if emergency rule was imposed on the state. President Buhari followed the path of constituionalism.

In the cases of Adegbenro vs. Attorney-General of the Federation (1962) 1 NLR 338 F.R.A. Williams V Dr. M.A. Majekodunmi (1962) 1 NLR 328 the Supreme Court of Nigeria validated the Emergency Powers Act 1961 to justify the dissolution of democratic structures as well as suspension of fundamental human rights in western region. As there is no equivalent of the Emergency Powers Act 1961 under the current constitutional dispensation, the suspension of an elected Governor by an elected President is a constitutional anomaly under the 1999 Constitution.

In Attorney General of the Federation v. Attorney General of Abia State & Ors (2024) LPELR-62576 (SC) filed by the Bola Tinubu administration, the Supreme Court of Nigeria held that the removal of elected chairmen and councilors as well as appointment of sole administrators or caretaker committees by State Governors to run local government councils are illegal and unconstitutional. It follows to reason that the suspension of elected governors and elected members of the House of Assembly by the President is illegal and unconstitutional in every material particular.

To that extent, a serving or retired military officer can not be imposed as a Sole Administrator to govern any state in Nigeria. Similarly, a military officer cannot be appointed by the National Assembly as a Sole Administrator to govern the Nigerian people during a war between Nigeria and another country.

In the Speaker, Bauchi State House of Assembly v Hon Rifkatu Danna (2017) 49 WRN 82 and several other cases, Nigerian Courts have held that the suspension of elected legislators is illegal and unconstitutional. Therefore, the National Assembly should not endorse the illegal suspension of the Rivers State legislators that have not defected from the People’s Democratic Party to the All Progressive Congress. Instead of approving the illegal dissolution of democratic structures in Rivers State, the National Assembly should assist Governor Fubara by invoking its powers under section 11 (4) of the Constitution “to make laws for the peace, order and good government of that State”

Therefore, we are compelled to call on President Bola Tinubu to follow the path of constituionalism without any delay. The President should proceed to reinstate the suspended Governor Fubara and Deputy Governor Odu and restore all democratic structures in Rivers State. This call is without prejudice to the duty imposed on the President to adopt extraordinary measures to restore law and order in Rivers State under Governor Fubara in strict compliance with the provisions of the 1999 Constitution of the Federal Republic of Nigeria, 1999 as amended.

Femi Falana SAN

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Vehicles Burnt, Motorists Feared Dead in Abuja Tanker Explosion

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Several vehicles were razed on Wednesday when a petrol-laden tanker exploded on Karu Bridge, along the Abuja-Nyanya-Keffi Road in the Federal Capital Territory (FCT), resulting in a massive fire.

The fire destroyed at least 30 vehicles and prompted a significant emergency response. Some motorists were also feared dead in the fire.

The explosion occurred when the tanker, carrying petrol lost control and crashed on the bridge, leading to a fire that spread rapidly to nearby vehicles.

Reports said the scene of the accident was chaotic as motorists and passengers attempted to flee the area to avoid the advancing flames.

A heavy presence of military personnel and emergency responders was seen at the scene.

The first responders were spotted working diligently to control the situation, manage the movement of people, and ensure public safety.

Security officials have cordoned off the affected area, directing traffic away from the scene to facilitate the operations of firefighting teams and medical personnel.

As of the time of this report, the exact number of casualties had yet to be ascertained. However, there are fears of multiple casualties, and rescue operations were ongoing last night.

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Atiku Condemns Tinubu’s Emergency Rule Declaration in Rivers, Says It’s ‘Political Manipulation’

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Former Vice President Atiku Abubakar has strongly condemned President Bola Tinubu’s declaration of a state of emergency in Rivers State, labeling it as “political manipulation and outright bad faith.”

Atiku criticized Tinubu for being a “vested partisan actor” in the crisis and accused him of negligence in preventing its escalation.

Atiku said the security breaches and destruction of national infrastructure in Rivers are directly the President’s responsibility.

He argued that Tinubu’s administration has enabled chaos in the Niger Delta, reversing years of progress achieved under late President Umaru Yar’Adua.

His words: “The declaration of a state of emergency in Rivers State reeks of political manipulation and outright bad faith. Anyone paying attention to the unfolding crisis knows that Bola Tinubu has been a vested partisan actor in the political turmoil engulfing Rivers.

“His blatant refusal or calculated negligence in preventing this escalation is nothing short of disgraceful. Beyond the political scheming in Rivers, the brazen security breaches that led to the condemnable destruction of national infrastructure in the state land squarely on the President’s desk.

“Tinubu cannot evade responsibility for the chaos his administration has either enabled or failed to prevent. It is an unforgivable failure that under Tinubu’s watch, the Niger Delta has been thrown back into an era of violent unrest and instability — undoing the hard-won peace secured by the late President Umaru Yar’Adua.

“Years of progress have been recklessly erased in pursuit of selfish political calculations. If federal infrastructure in Rivers has been compromised, the President bears full responsibility.”

Source: Politicsnigeria

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