State of Emergency Legal and Political Implications in Nigeria Essay Example

State of Emergency: Legal and Political Implications in Nigeria Essay INTRODUCTION Emergency in ordinary parlance means a time of crisis, a moment of danger or suspense. A state of emergency therefore is a governmental declaration that recognises the existence of this peculiar situation and takes some necessary actions to restore the peace and governmental stability of the society. During this period, the maxim, salus populi suprema lex has a special force and to that effect, some normal functions of the executive, legislative and judicial powers may be suspended. Citizens are alerted to change their normal behaviours, or government agencies are ordered to implement emergency preparedness plans. It can also be used as a rationale for suspending rights and freedoms, even if guaranteed under the constitution. Such declarations usually come during a time of natural or man-made disaster, during periods of civil unrest, or following a declaration of war or situation of international or internal armed conflict. In Nigeria, the constitution provides for the declaration of a state of emergency by the President alone on the whole country or in a state, on request by the State Governor, in the following instances: a. when the Federation is at war; b. when the Federation is in imminent danger of invasion or involvement in a state of war; c. when 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; d. here is a clear and present danger of an actual breakdown of public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger; e. there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation; f. there is any other public danger which clearly constitutes a threat to the existence of the Federation; or g. the President receives a request to do so in accordance with the provisions of subsection (4) of the section. We will write a custom essay sample on State of Emergency: Legal and Political Implications in Nigeria specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on State of Emergency: Legal and Political Implications in Nigeria specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on State of Emergency: Legal and Political Implications in Nigeria specifically for you FOR ONLY $16.38 $13.9/page Hire Writer In Nigeria, the President draws the authority to declare a state of emergency from his Emergency Powers which are inherent with his office and this empowers him to do whatever he deems necessary to restore peace and ensure the security of life and property for citizens of Nigeria and non-Nigerians alike residing in the areas affected by the crisis. This runs for a period of six (6) months but can be extended by the National Assembly alone with a two-thirds majority vote of approval. For instance, the situations where these emergency powers have been exercised include the violent ethno-religious crisis in Jos, Plateau state in 2004 which resulted in the total break-down of law and order. Also in Ekiti state in 2006 as a result of the impeachment of both the Governor and his deputy for gross misconduct by the Ekiti State House of Assembly. Recently, there have been calls by the Nigerian people to the President to declare a state of emergency due to the electoral violence that erupted in Bauchi and Kaduna states, but it was not declared. In the United States of America, the President in time of crisis uses his emergency powers which allow the Federal Emergency Management Agency (FEMA) to bypass normal administrative and jurisdictional rules. Declarations of emergency can also provide special federal aid such as during the Flood of 1993 along the Mississippi River or in New Orleans after Hurricane Katrina. President Abraham Lincoln used his emergency powers to suspend the writ of habeas corpus in Maryland during the American Civil War. In the United Kingdom, Section 1(1) of the Emergency Powers Act 1920 empowers the Monarch to declare a state of emergency. It states that: If at any time it appears to His Majesty that any action has been taken or is immediately threatened by any persons or body of persons of such a nature and on so extensive a scale as to be calculated, by interfering with the supply and distribution of food, water, fuel, or light, or with the means of locomotion, to deprive the community, or any substantial portion of the community, of the essentials of life, His Majesty may, by proclamation (hereinafter referred to as a proclamation of emergency), declare that a state of emergency exists. The Monarch, Privy Council or the Prime Minister can make Emergency Regulations under the Civil Contingencies Act 2004 if there is a serious threat to human welfare, the environment or in case of war or terrorism. These regulations last for seven days unless confirmed otherwise by the Parliament. A state of emergency was last invoked in 1974 by Prime Minister Edward Heath in response to increasing industrial action. In Victoria, Aust ralia, a state of emergency can be declared if there is a threat to employment, safety or public order. The effect of the state of emergency enables the Parliament to make desired regulations to secure public order and safety. Though fairly uncommon in democracies, dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime. In some situations, martial law is also declined allowing the military greater authority to act. In other cases, emergency is not declared and de facto measures taken or decree-law adopted by the government. Egypt has been governed under emergency law almost continuously since 1967 and without interruption since Hosni Mubarak became president in October 1981 after the assassination of president Anwar Sadat. The law has been repeatedly renewed since then. The law gives the executive – in practice the Ministry of Interior – extensive powers to suspend basic rights such as prohibiting demonstrations, censoring newspapers, monitoring personal communications, and detaining people indefinitely without charge. Egyptian defense attorneys and human rights groups say about 5,000 people currently remain in long-term detention without charge or trial. Some prisoners held under the emergency law have been in jail for more than a decade. Also in Syria, the state of emergency law that had been in force since 1963 was only recently repealed by President Bashar al-Assad in April 2011. In Argentina, the provision for declaring a state of emergency is repeatedly abused by dictatorship with long lasting states of siege giving the government a free hand to suppress opposition. LEGAL EFFECTS AND CONSEQUENCES OF A STATE OF EMERGENCY Under a state of emergency, there is the increased presence of personnel of the armed forces the police and even plain clothes security officials. They are authorized to invade the privacy of homes, emails and even telephone conversations of anybody suspected of anti-governmental activities. They can arrest and detain anyone without charge and for as long as they please. Public demonstrations, freedom of press are prohibited. Pursuant to this authorization, several human rights are infringed upon with impunity. They include: the right to life, personal liberty, freedom of movement, freedom of religion, freedom of expression and the press, right to fair hearing, and the right to peaceful assembly. Historically in Nigeria, a declaration of state of emergency has never been declared on the whole country in a democratic government but it has been declared in some states. In all instances, such declaration means the outright suspension of the Governor, is Deputy and the State House of Assembly or Parliament by the President as seen in Western Nigeria (1962), Plateau State (2004), and Ekiti State (2006). Based on this, opinions are divided among eminent jurists, legal icons and constitutional experts on the legality or otherwise of these actions taken during the six-month emergency period. The actions of the President have been argued to be backed by the provisions of Emergency Powers Act of 1961 deriving autho rity from Section 65 (2) of the 1960 Independence Constitution of Nigeria. Again, the judiciary is replete with arguments pertaining to whether this law is still in existence in Nigeria or otherwise. Therefore the legal effects and consequences in Nigeria revolve around these four main issues as follows: 1. The suspension, abuse and/or denial of the human rights of citizens. 2. The suspension of public officers such as the Governor, his Deputy and the State House of Assembly and the Appointment of an Administrator. 3. The Constitutionality of the Appointment of a Sole Administrator to rule the state 4. Arguments and legal suits challenging various aspects and actions of governance during the emergency rule. 1. The suspension, abuse and/or outright denial of the human rights of citizens. â€Å"Human† means â€Å"relating to human beings†, relating to members of the races of homo sapiens – men women, children. ‘Right’ refers to that which is just or correct, truth, fairness, justice, just or legal claim. ‘Human Rights’ therefore means the freedoms, immunities and benefits that according to modern values, all human beings should be able to claim as a matter of right in the society in which they live. The Black’s Law Dictionary defines human rights as the freedoms, immunities, and benefits that, according to modern values especially at an international level, all human beings should be able to claim as a matter of right in the society in which they live. They are regarded as fundamental or basic to the individuals who assert them. Thus civil liberties and human rights are primarily individual rights, claimed by the individual or group of individuals as part of and which relates to, the position of the individuals in an organised state (Foster, 2008). On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories. These rights have been so enshrined in the Nigerian Constitution in Chapter IV, CFRN 1999. They are as follows: a. Right to Life; b. Right to Dignity of Human Persons; c. Right to Personal Liberty; d. Right to Fair Hearing; e. Right to Private and Family Life; f. Right to Freedom of Thought, Conscience and Religion; g. Right to Freedom of Expression and the Press; h. Right to Peaceful Assembly and Association; i. Right to Freedom of Movement; j. Right to Freedom from Discrimination; k. Right to own Immovable Property. In most countries, the state of emergency and its effects on human rights and freedoms and governmental procedure are regulated by the constitution and/or a law that limits the powers that may be invoked. Rights and freedoms may be suspended during an emergency, for instance, freedom of movement, right to fair hearing, right to peaceful assembly and association as seen in the instances of Syria, France and India. In Nigeria, the Constitution recognises that some measures may need to be taken during a period when the corporate existence of the country may be threatened or may be in jeopardy. The essence of this is to protect the whole public or corporate existence of the nation. In such a situation, the interest of an individual must step down for the interest of the nation. In the famous case of F. R. A. Williams v. Dr. M. A. Majekodunmi, the facts of the case are: The plaintiff/applicant (Williams), was a legal practitioner and a prominent member of the Action Group and its Legal Adviser. Following a rift in the Action Group, the then Premier, Chief S. L. A. Akintola, was removed by the Government of Western Nigeria and Chief Dauda Adegbenro was installed as Premier instead. When the Western House of Assembly convened to pass a vote of confidence on Chief Adegbenros government, Chief Akintolas supporters in the House created an uproar which resulted in the dispersal of members by the police using tear gas. The Federal Parliament, because of the two personalities claiming to be Premier, in exercise of its powers under the Constitution of 1960, declared a State of Emergency in Western Nigeria and approved Regulation whereby the defendant (Majekodunmi) was appointed and empowered to administer the region as Administrator for the region. Inclusive of his powers was the right to serve orders restricting individuals movement to an area defined in the Restriction Order. In exercising of his powers, Majekodunmi caused a Restriction Order to be served on Williams and required that Williams shall be and remain within a distance of three miles from 193, Abeokuta Road, in the township of Abeokuta. It was dated the May 29 1962 and signed by Majekodunmi This assent points to the verity that the Restriction Order under The Emergency Powers (Restriction Orders) Regulation of 1962 was served to deny Williams his personal liberty, right to freedom of movement and fair hearing because he could not appear in court. In the No 1 case decided on June 1, 1962, presided and read by Sir Lionel Brett F. J. , the issue for determination was: Whether in this case, the defendants change of his decision in withdrawing plaintiffs right to appear for himself in court is based on the needs for public order. It was held that the defendant shall be and he hereby is restrained from giving effect or causing effect to be given to the restriction order dated the 29th May, 1962, and served on the plaintiff under the Emergency Powers Restriction Orders) Regulations, 1962, so far as the said order would restrict the plaintiff from leaving the prescribed area at or after 6. 00 a. m. n the 4th June, 1962, and travelling thence by the normal route to the Federal Supreme Court, Lagos, and there arguing the motion filed by him and set down for hearing on that day. And that after arguing the said motion the plaintiff shall return without delay by the normal route to the prescribe area unless the Court shall otherwise direct. And that if the defendant grants the plaintiff a permit under Regulation 2 of t he Emergency Powers (Restriction Order) Regulations, 1962, to enable him to attend this Court and argue the said motion this order shall be of no effect. Justices John Idowu Conrad Taylor and Sir Vahe Bairamuan concurred. In Canada, police powers are extended. A state of emergency in this country has resulted in the mass arrest of all the people in an area and they were detained for six hours without charging them. This is called a ‘precluding’ arrest especially when a suspect is required. The International Covenant on Civil and Political Rights (ICCPR) permits the state to derogate from certain rights in times of emergency. Any measures derogating from obligations under the covenant however, must only be to the extent required by the exigencies of the situation and must be announced by the state party to the Secretary-General of the United Nations. But there are some rights which are too fundamental to be suspended; they are referred to as non-derogable rights. They include the right to life, human dignity, prohibition of torture or cruel human punishment, prohibition on servitude or forced labour, right to religion, right to fair labour practices and the protection of children’s rights. These rights are not permitted to be denied by any government even in times of emergency. There have been arguments by political theorists’ that human rights monitoring activities under the Charter of the United Nations is invasive and a threat to National Sovereignty. 2. Suspension of public officers such as the Governor, his Deputy and the State House of Assembly In all instances of the declaration of state of emergency in Nigeria the foremost public officers of the state were suspended and an Administrator, mostly military, is appointed to take over affairs of the state. The first state of emergency in Nigeria was declared in 1962 and the then Minister of Health, Dr. M. A Majekodunmi was appointed to take over the helms of affairs in Western Region of Nigeria while also suspending the Western House of Assembly. In 2004, a state of emergency was declared on Plateau State by former President Olusegun Obasanjo due to the severe ethno-religious crises and thus the state Governor, Joshua Chibi Dariye, his Deputy and members of the State House of Assembly ceased to hold their respective offices for an initial period of six months. This suspension did not affect the local councils. Subsequently a military administrator, former Chief of Army Staff, Major-General Chris Alli (rtd) was appointed to take over the affairs of the state and see to the restoration of peace. Also in 2006, this declaration was made in Ekiti state by the then President of Nigeria following the unconstitutional impeachment of the Governor for corruption and the subsequent appointment of Former Speaker Friday Aderemi as Head of Government by the Ekiti State House of Assembly. The Governor, Mr. Fayose who denied reports that he had fled the country, said he was in hiding because he feared for his life but he was still Governor of Ekiti State. His deputy Biodun Olujimi, who was also impeached, also laid claim to the Office of Acting Governor. This situation prompted President Obasanjo to state on national television thus: We have come to a sad, ridiculous and unacceptable situation in Ekiti where we have three governors It is dangerous for our democracy to allow this flagrant violation. Thus a state of emergency was declared to prevent the situation from descending into chaos and Brigadier-General Adetunji I. I Olurin (rtd) was appointed. The suspension of the public officers of a state consequent on the declaration poses a major challenge to the constitutional government in Nigeria. The Attorney-General of the Federal Government had insisted that due process was followed in the exercise. He relied on the Provisions of the Emergency Act, 1961 which he desc ribed as within the ambit of Section 315 of the constitution. He also referred to the exercise of a similar power removing the Premier of the Western Region after the declaration of a state of emergency in that region under the Independence Constitution of 1960. The rationale for the suspension of the House of Assembly was articulated by the President himself in the following words: Having a state of house of assembly in a position under a state of emergency is incongruous and may not allow for the expeditious actions that the Administrator will need to put the state back into a situation of peace, harmony, security for all and maintenance of law and order throughout the state. Professor Ben Nwabueze (SAN), a leading authority on constitutional law in Nigeria, has argued with considerable force that the power given to the President under Section 305 of the Constitution is limited to mere declaration of a state of emergency and does not include the power to make laws and to execute them with respect to matters within exclusive state competence. Section 305 of the 1999 Constitution does not contain, as was the case with the 1960 and 1963 Constitutions, any clause permitting the National Assembly to make laws for Nigeria or any part thereof with respect o matters not included in the Legislative Lists as may appear to Parliament to be necessary or expedient for the purpose of maintaining or securing peace, order and good government during any period of emergency. In constitutional democracies, particularly those operating written constitutions, it is not permissible for creatures of statutes such as the President to act outside the four walls of the statutes th at created them. The powers to remove a Governor, vested exclusively in the State House of Assembly, are elaborately stated in Sections 188(1) – (11) CFRN 1999 and the National Assembly is precluded by Section 11(4) from exercising this power during a period of emergency. In the situations of Plateau and Ekiti States, the removal or suspension was done unilaterally by the President. The constitution also makes elaborate provisions for the dissolution of a House of Assembly, for the recall of individual legislators and for succession to the office of the Governor in case of temporary absence or permanent incapacity of the office-holder. Even during a period of emergency, only the National Assembly is empowered by section 11(4) to take over the performance of the functions of the State House of Assembly but then only to the extent ‘necessary or expedient’ and only if the assembly ‘ is unable to perform its functions’. The subsection even goes further to enter a caveat as follows: 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. From the available facts, the House of Assembly in Ekiti was not unable to perform its functions. As a matter of fact, the House a day before the proclamation elected new officers and took a number of other decisions in a peaceful atmosphere. Thus, the warrant for the suspension of the House cannot be section 11(4) of the Constitution. 3. The Constitutionality of the Appointment of a Sole Administrator In times of emergency the constitution requires the President to take ‘extra-ordinary’ measures to return the state to a status of stability. These extra-ordinary measures are allowed under the Doctrine of Necessity. The term is used to describe the basis on which extra-legal actions by state actors, which are designed to restore order, are found to be constitutional. The suspension of the Governor and his Deputy in conjunction with the appointment of an Administrator has been argued to be one of such necessary actions to be taken during a state of emergency. Arguments on the contrary derive authority from the constitution which is the grundnorm, that is, a basis for the legality of other laws. To this effect, any other law that is inconsistent with the provisions of the Constitution, shall to the extent of its inconsistency to be null, void and of no legal effect. The constitution states in Section 1(2): The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this constitution. Thus the appointment of a sole administrator to take control over the government of the state is unconstitutional because the constitution, in section 305, does not provide for the removal of a Governor and Deputy Governor and subsequent take-over by an administrator during periods of emergency. In the words of William Pitt, (1759 – 1806) â€Å"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves. More so, the constitution makes no provision for ‘suspension’ of elected officers it only provides for impeachment. The aforementioned extra-ordinary measures envisaged by the constitution should not be interpreted in terms of the removal of elected but rather only in terms of the deployment of the police and other security forces to maintain law and order or the making of such laws permitting restrictions on and derogation from fundamental rights, other than the right to life and to personal liberty, du ring a period of emergency. Even then, the constitution qualifies the extent of such restrictions derogation when it provides in section 45 (2 3), viz: (2) An Act of the National Assembly shall not be invalidated by reason only that it provides for the taking, during periods of emergency, of measures that derogate from the provisions of section 33 or 35 of this Constitution; but no such measures shall be taken in pursuance of any such Act during any period of emergency save to the extent that those measures are reasonably justifiable for the purpose of dealing with the situation that exists during that period of emergency; provided that nothing in this section shall authorize any derogation from the provisions of section 33 of this Constitution, except in respect of death resulting from acts of war or authorize any derogation from the provisions of section 36(8) of this Constitution. (3)In this section, a â€Å"period of emergency† means any period during which there is in force a Proclamation of a stat e of emergency declared by the President in exercise of the powers conferred on him under section 305 of this Constitution. 4. Arguments and legal suits challenging various aspects and actions of governance during Emergency Rule The obvious issue that comes to mind is the question bothering on if the situation at hand was enough reason for a declaration of a state of emergency by the President. This discretion is clearly that of the President and he is the sole determinant and initiator of the exercise except under circumstances provided for in Section 305 (3g), (4) and (5) where a request to such effect is initiated by the Governor of a state. The door seems closed on any advocacy against the President’s decision. This issue has its locus classicus in the case of Liversidge v. Anderson where the House of Lords held that in a situation of emergency, such as Britain fighting World War II, the court might not want to inquire into the reasonableness of the grounds of taking actions even when the statute clearly state that the cause must be reasonable. In fact, in Nigeria, with specific reference to emergency declaration, it was held in the case of Williams v. Majekodunmi that the issue of whether a state of emergency existed was outside the province of the court of law but only ‘within the bounds of Parliament’. Another issue questions the existence of The Emergency Powers Act of 1961 duely passed into law by the then Governor-General of Nigeria, Dr. Nnamdi Azikiwe. The general and popular authority for the alleged repeal by implication of the Emergency Powers Act is section 65(2) of the 1960 Independence Constitution which states that: â€Å"Any provision of law enacted in pursuant of this section shall have effect only during a period of emergency. Provided that the termination of a period of emergency shall not affect the operation of such provision of law during the period, the validity of any action taken there under during that period, any penalty or punishment incurred in respect of any contravention thereof or failure to comply therewith during that period or any proceeding or remedy in respect of any such penalty or punishment†. It has been argued that the emergency powers act lapsed by virtue of section 65(2) of the 1960 Constitution, which provides that â€Å"Any provision of law enacted in pursuance of this section shall have effect only during the period of emergency†, and that since that emergency has ended, that is the end of that law. The second argument is based on the Interpretation Act, Cap 192 LFN 1990. By section 6(2) of the Interpretation Act Cap 192, where a law has expired, lapsed or ceased to have effect, then, it is to be treated as if it has been repealed. In response to the first submission, the provisions of Section 65 of the 1960 Constitution does not by any rule of interpretation nullify any law made pursuant to the Emergency Powers Act at the end of the emergency period. Section 65(2) is not a destructive or a repealing section, which automatically repeals any law made pursuant to section 65. The emergency powers act continues to be law in the statute books and only remains dormant at the end of every emergency. To the second submission, on July 19, 1990, the Federal military government promulgated the revised edition (Laws of the Federation of Nigeria) Decree no 21 of 1990. The essence of the Decree was to update all the laws of the Federation applicable up to that time. The side note to Section 3 of the Decree gives power to the Attorney General of the Federation to authorise omission of certain enactment for reasons of its obsolete status, temporary nature, if it’s under review with a view to replacement and if it’s restricted or of personal application. But by Section 3 (2) any such laws omitted †¦shall have the same force and validity as if they had not been omitted in the revised edition. The meaning of this is very clear. The fact of the omission of any law from the revised edition of the laws of the Federation 1990 does not mean that those laws have been repealed. Put in another way, the fact of the classification of law as obsolete, temporary, under revision, restricted or personal and by reason therefore, its non-inclusion in the current Law of the Federation of Nigeria (LFN) of 1990, does not amount to the repeal of that law. CONCLUSION Just as a state of emergency is constitutional due to the unrest and instability of the state, so also some undesirable effects are incurred in the period of the state of emergency. A common occurrence here in Nigeria, is that the Governor, his Deputy and members of the State House of Assembly are suspended even though this kind of suspension is not expressly stated in the constitution. Declaring a state of emergency is one of the executive powers of the President. In this situation he is expected to do everything within his powers to handle the situation. It is also noted that this emergency power can be abused by the President and also used for politically selfish gains. Perhaps the basis for this abuse lies in the fact that the guidelines for the actions taken by the President in a bid to restore normalcy are not expressly stated in the 1999 Constitution of the Federal Republic of Nigeria. This lacuna gives the President a free hand to do whatever he deems necessary to quell the insurgence and return the Federation or any part thereof to a position of stability. Basically this essay has generally analysed the prevalent legal effects of the declaration of a state of emergency in Nigeria as well as parts of the world. The lessons learnt from there from could be helpful to Nigeria in her strive for democratic stability. [ 1 ]. Oluyede, P. A. , Aihe, D. O. (2003). Cases and Materials on Constitutional Law in Nigeria. (2nd Ed) Ibadan, Nigeria: University Press PLC. [ 2 ]. Latin maxim meaning â€Å"Let the welfare of the people be the Supreme Law† [ 3 ]. Wikipedia. com (Encyclopedia, 2011), http://en. m. wikipedia. org/wiki/State_of_Emergency [ 4 ]. Section 305 (1), Constitution of the Federal Republic of Nigeria, 1999 as amended in 2011 hereafter referred to as CFRN 1999. [ 5 ]. Section 305 (4), CFRN 1999 [ 6 ]. Emergency Powers Regulations 1962 [ 7 ]. Pursuant to Section 188 (1) CFRN 1999 [ 8 ]. Wikipedia. rg The Online Encyclopedia (2011) supra. [ 9 ]. Human Rights Watch (2008), Egypt: Extending State of Emergency violates rights, http://www. hrw. org/en/news/2008/05/27/egypt-extending-state-emergency-violates-rights [ 10 ]. Daily News Economic Review (2008), Syria Lifts State of Emergenc y Laws, http://www. hurriyetdailynews. com/syria [ 11 ]. As of 2010, a state of emergency had been declared fifty – two (52) times by democratic and dictatorial governments [ 12 ]. On May 27, 1967, General Gowon declared a state of emergency over the whole country in response to the armed conflict that resulted in a civil war. ICE case studies: The Biafran War. http://www1. american. du/ted/ice/biafra. htm [ 13 ]. National Open University of Nigeria, (2008). LAW 241 – Human Rights Law, Professor Justus A. Sokefun [ 14 ]. Black’s Law Dictionary, (8th Ed 1999), pg. 2167 [ 15 ]. Foster, S. (2nd. Ed, 2008). Human Rights and Civil Liberties. Essex, England: Pearson Education Limited. [ 16 ]. The United Nations Website (2006), The Universal Declaration of Human Rights, http://www. un. org/en/documents/udhr/index. shtml Daily News Economic Review (2008), Syria Lifts State of Emergency Laws, http://www. hurriyetdailynews. com/syria [ 17 ]. Sections 33 – 44, CFRN 1999 [ 18 ]. www. wikipedia. org The Online Encyclopedia (2011) supra. [ 19 ]. 1962] 1 All NLR 413 or (No. 1) [1962] 2 SCNLR p. 26. [ 20 ]. www. wikipedia. org The Online Encyclopedia (2011) supra. [ 21 ]. Article IV, International Covenant on Civil and Political Rights, hereafter referred to as ICCPR [ 22 ]. National Party Preliminary Submission Theme Committee 4. (1995). Item 24: States of Emergency and Suspension of Rights. www. constitutionnet. org/files/7869. pdf [ 23 ]. Kelly, J. (2009). United Nations Rule of Law Activities Threaten National Sovereignty. http://www. globalgovernacewatch. org/spotlight_on_sovereignty/united-nations-rule-of-law-activities-threaten-national-sovereignty [ 24 ]. Gbadamosi, G. (2004). Nigerias Case Laws on Emergency Rule. http://www. dawodu. com/gbadamosi1. htm [ 25 ]. Martins O. Madu O. (2004, May 19). Nigeria: Obasanjo proclaims state of emergency in Plateau and warns Kano. The Guardian Newspaper [ 26 ]. News Reports (2006). State of Emergency’ declared in Ekiti State. Olurin sworn in. Nigerian Village Square. http://www. nigeriavillagesquare. com/articles/nvs/state-of-emergency-declared-in-ekiti-state-olurin-sworn-in. html [ 27 ]. Alabi M. O. (2005). Emergency Powers in Nigeria: Legal and Constitutional Issues. The Constitution, Vol. 5, No. 4 [ 28 ]. Alabi M. O. supra [ 29 ]. Section 105, CFRN 1999 [ 30 ]. Section 110, CFRN 1999

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Paul Baumer- All Quiet On The Western Front The story of Paul Baumer, the narrator from the novel All Quiet on the Western Front by Erich Remarque, is one of the stories that have a great impact on my life. The story centers on Paul Baumer, who enlists in the German army with glowing enthusiasm. But in the course of war, he is consumed by it and in the end is â€Å"weary, broken, burnt out, rootless, and without hope.† Baumer and his classmates who enlisted into the army see the true reality of the war. They enter the war fresh from school, knowing nothing except the environment of hopeful youth and they become mature with the war, which in the end is their only home. So then they lose their innocents. In the end, everything they are taught: are not the slightest use to them because the only thing they need to know is how to survive. Along with that, they need to know how to escape the shells as well as the emotional and psychological torment of the war. Baumer has â€Å"grown accustomed to it; war is the cause of death like influenza and dysentery. † Deaths are more frequent, more varied and terrible." He has rid himself of all feelings and thoughts. His emotions are hidden deep within himself, along with the soldiers who fell prey to them. His dullness protects him from going mad at the sight of a slaughtered or butchered friend. He wants to live at all costs so every expression of his life must serve one purpose and one purpose only. For the cost of life is the death of his emotions, his survival depends on it. Every shot that fires, a soldier must face the possible certainty of death. Whenever he looks into the eyes of an enemy soldier, he does not see a man, but sees death staring back at him. What can you do but fight back? He cannot and will not coexist with you. It does not matter that he is a man of your same distinction; it does not matter if he has a mother, a father, a sister or a brother. All that matters is that h... Free Essays on Paul Baumer Free Essays on Paul Baumer Paul Baumer- All Quiet On The Western Front The story of Paul Baumer, the narrator from the novel All Quiet on the Western Front by Erich Remarque, is one of the stories that have a great impact on my life. The story centers on Paul Baumer, who enlists in the German army with glowing enthusiasm. But in the course of war, he is consumed by it and in the end is â€Å"weary, broken, burnt out, rootless, and without hope.† Baumer and his classmates who enlisted into the army see the true reality of the war. They enter the war fresh from school, knowing nothing except the environment of hopeful youth and they become mature with the war, which in the end is their only home. So then they lose their innocents. In the end, everything they are taught: are not the slightest use to them because the only thing they need to know is how to survive. Along with that, they need to know how to escape the shells as well as the emotional and psychological torment of the war. Baumer has â€Å"grown accustomed to it; war is the cause of death like influenza and dysentery. † Deaths are more frequent, more varied and terrible." He has rid himself of all feelings and thoughts. His emotions are hidden deep within himself, along with the soldiers who fell prey to them. His dullness protects him from going mad at the sight of a slaughtered or butchered friend. He wants to live at all costs so every expression of his life must serve one purpose and one purpose only. For the cost of life is the death of his emotions, his survival depends on it. Every shot that fires, a soldier must face the possible certainty of death. Whenever he looks into the eyes of an enemy soldier, he does not see a man, but sees death staring back at him. What can you do but fight back? He cannot and will not coexist with you. It does not matter that he is a man of your same distinction; it does not matter if he has a mother, a father, a sister or a brother. All that matters is that h...

Vietnam The Unending War Essays - Vietnam War, Indochina Wars

Vietnam The Unending War Essays - Vietnam War, Indochina Wars Vietnam The Unending War The Vietnam war is the most terrible and senseless war America has ever fought. Never since their own civil war was the world most powerful country divided in such terrible anger. The leading historian on the war in Vietnam George C. Herring poses two very important questions in his essay American and Vietnam the Unending War. These two questions have been boggling the Americans minds since the beginning of the war in Indochina up to today when the US faces similar crises but is afraid to due to something called the Vietnam syndrom something that has plagued the American minds since the cease fire in Vietnam 1975. Why did the united States invest so much blood and treasure in an area so remote and of so little apparent significance, and secondly, why despite its vast power did the United States fail to achieve its objects? Herring approaches these questions from a variety of different sides which somewhat explain the struggle and the pain the misunderstood country had to go through. After WWII most of the countries such as Britain and the Netherlands gave up their colonies in Indochina. France on the other hand decided to regain power and put down the revolutionary nationalistic movement, by force that was plaguing Vietnam. The communist Ho Chi Minh had developed a communist, nationalistic movement against the french in order to be free of colonialism and establish a Marxist state in Vietnam. France at the time and still today is one of Americas strongest allies. Therefore and for many other political reasons, such as the prevention of the spread of communism, made the US aid France and support them with their mission. This was so to say the beginning of a variety of incidents that finally brought the US to war with Vietnam. Of all the nationalistic movements and revolutions in Indochina, the Vietnamese was the only one supported by communism. This was of great concern to the U.S. who feared that the soviet union had their hands in this as a plan of slowly gaining power over the entire east, and eventually the entire world. Herring writes From the outset Americans viewed Ho and the Vietminh as instruments of the Soviet drive for world domination,..... After the fall of china to communism in 1949, the US feared that if then also Vietnam would fall to communism finally the rest of Indochina, which found itself in similar unstable conditions as Vietnam, will fall to communism to. Soviet expansion had reached a point beyond which it must be permitted to go. A so-called domino theory was adopted, where when one falls all will eventually fall. Herring explains: Because of its location on china's southern border and because it appeared in the most imminent danger, Vietnam was considered crucial. If it fell, all of Southeast Asia might be lost, denying the United States access to important raw materials and strategic waterways. After the defeat of France in 1954, the US aided to create a non-Communist, democratic, south Vietnamese state in hope that their financial aid and political assistance would strengthen the population and prevent any further spreading of Communism. The Cold War started taking desperate measures and the U.S. particularly in the Kennedy-Johnson era was very concerned with the security of western Europe. It was the US concern that if they would back out in the worsening Vietnam situation, it would portray a certain weakness to its enemy Russia and could provoke conflicts in western Europe, particularly over Berlin, that could end in a nuclear war. ...if they showed firmness in one area, it would deter the adversary in a another; if they showed weakness the adversary would be tempted to take steps that might leave no option but nuclear war. A further reason Herring portrays is the effect on the political situation at home which could have been quit crucial if Vietnam would have pulled out. Another loss to communism would have devastating outcomes on presidential elections. To prevent loss of votes marked another great aspect of why the Presidential administrations couldn't simply leave Indochina to its destiny. Harring writes ...the assumption shared by administrations from Harry S. Truman to Lyndon B. Johnson that the fall of Vietnam

5 Steps on How to Get Organized in College

5 Steps on How to Get Organized in College With all that you have to balance, getting organized in college can sometimes seem like both a hopeless and useless task. After all, what kind of person can create order out of so much chaos?! You might be surprised, however, to learn just how easy it can be to get organized during your time in school. 1. First and Foremost, Have a Time Management System Whether youre a super senior or an incoming first-year student, time will be your most precious commodity. Just when you need it the most, it will seem the most scarce. And you will rarely if ever, feel like you have enough of it. Consequently, having a good time management system that you use is critical for getting organized - and staying that way - during your time in school. After all, how are you supposed to know what youre supposed to be doing if you arent even sure, well, what youre supposed to be doing? 2. Write Down All Your Academic Responsibilities When you first get your syllabi at the beginning of the semester, find a quiet table at a coffee shop, get a cup of coffee, and sit down with your calendar. Put everything thats on your syllabi into the calendar: when classes meet, when things like required films and labs are scheduled, when midterms are, when classes are canceled, when finals and papers are due. And when you think youre all done putting everything in, double check your work and do it again. Once you have everything inputted into your time management system, you can rest assured that youll know about all required course assignments well before their deadline. Sometimes, just knowing whats coming down the pipeline can account for 90% of your organization prowess. 3. Go Through Something Once a Week It sounds strange, but youll likely be surprised at just how helpful this rule can be when it comes to staying organized in college. At least once a week, go through and organize something. It can be your backpack; it can be your bank statement; it can be your desk; it can be your email. You undoubtedly, however, will find something that slipped your mind or that youve been meaning to get to. And if you hadnt have gone through that item, you would likely have forgotten all about it. 4. Have a Budget and Check in on It Regularly A major part of being organized in college is staying on top of your finances. Even if most of your costs, like room and board in the residence halls, are taken care of through the financial aid office, staying on top of your money situation is still important. Being organized means knowing whats going on in your college life at any given point in time. If you arent sure how much money is in your account - or, worse, if youll have enough to make it through the semester or quarter - you arent organized. So stay on top of your budget and know where youre money has gone, where it is, and where its headed. 5. Be Proactive and Plan in Advance You know that guy down the hall who always is stressing out and cramming last minute for exams? Or that girl who freaks out every time she has a paper due the next day? Chances are youd be hard pressed to find someone who would describe either of them as organized. If you know whats coming - holidays, major events, midterms, papers, lab reports, finals - you can plan in advance and avoid unnecessary chaos. And if you know whats coming, you can organize your life (e.g., get enough sleep) far enough in advance that you can still enjoy yourself during even the worst of the worst.

Stage writing 4 Research Paper Example | Topics and Well Written Essays - 500 words

Stage writing 4 - Research Paper Example or even viewing aggression purges angry feelings and aggressive impulses into harmless channels† (Bushman & Whitaker, 2010, 790), the authors aimed to validate whether playing violent games would serve as a form of catharsis or purging to release one’s anger. Right after the introductory paragraph, the authors made reference to other research studies made on the subject of determining the validity of the catharsis theory through violent video games. However, as clearly indicated, the authors did not aim to validate the catharsis theory but to test the hypothesis that â€Å"belief in catharsis increases attraction to violent games, especially among people who want to get rid of their anger† (Bushman & Whitaker, 790). The study was an experimental type of research with a methodology that requires the participants to complete three distinct tasks in two experiments. The analysis required multiple regression with centered predictor variables, simple-effect analysis, and 3-analysis of variance, as clearly indicated under results and discussion portions of each experiment. The authors claimed that experiments 1 and 2 generated conclusive and practically the same results which clearly validated the identified hypothesis. Bushman & Whitaker emphasized that the strong attraction to play violent video games were predominantly focused on â€Å"angry people led to believe in catharsis† (Bushman & Whitaker, 791). The claims were stated under the results and discussion portions of the article after each experimental procedure. The claims could not be absolutely validated because as the authors indicated, this is the first research which used experimental method to address the question of determining people’s being attracted to violent entertainment or to violent video games. Likewise, the authors did not indicate any limitations of their study which could include a closer focus on the gender has

How health psychology research might contribute to solving health Essay

How health psychology research might contribute to solving health problems associated with socioeconomic disadvantage - Essay Example These health problems could be understood from a much narrowed down perspective – one that is significant to the whole related discussion. The patients who have socioeconomic disadvantages are the ones who suffer the most because they have lack of resources available at their disposal and this means that they seem to miss out on a number of health benefits which the state (the public sector) or the private sector has brought forward for them. Socioeconomic disparities could play havoc with the mental and physical self of the patients in a very drastic manner. It hampers the manner under which patients could manifest their health basis with the money that they have to take care of their lingering health related problems. They usually measure up their ailments in the light of the money that they could muster in order to bring a remedy for the same. (Stecklov, 2001) The state has a huge role to play in changing the way people think. This could be done if proper facilities could be made available and if there are adequate arrangements to take care of the potential health threats that the deprived individuals can face with the passage of time. Research in the health psychology domains would reap rich dividends. The reason for the same is that it will pinpoint the grey areas as well as find out the exact problems that owe a hand or two towards the declining regimes of health basis within the people who are at a socioeconomic disadvantage and loss within any society. It will examine the exact basis of growth within these problems and look to solve the same in the light of the present day case studies. (Repper, 1998) It will seek help from researchers in the same field and understand the rationales behind socioeconomic disparities and how the two work hand in hand (in a negative connotation) towards the deterioration of health standards within a society to say the

Minority Leadership in the military Research Paper

Minority Leadership in the military - Research Paper Example Minorities are often subjected to stereotypes and they are usually not expected to acquire higher positions. They are always looked upon with suspicious eyes and their ability is almost always questioned. In the same way females are also looked down upon in professions like military. In this paper we will look into the minority representation in army and whether it represents the minority representation in the society at large. The educational and financial background of minorities will also be considered and their impact on leadership style will be analyzed. The main question we would like to answer here is whether race or gender has an impact on leadership or management decisions in military or not. It is important to understand the dynamics of minorities in a society in order to better understand how minorities feel and how the society feels about them. Minorities in a society are characterized by cohesion and close relationships. This is because they feel threatened by other majority groups in the society. Minority groups also try to differentiate themselves from ‘others’ and this is done to protect their identity. There are united because they have no place to go and they feel compelled to remain a part of their social group. Society in general feels negatively about minorities which in turn increases the cohesion in minorities. Military profession is seen as a patriotic profession and the job is to defend the country. This is why tensions between majority and minority groups is common in military. Majority group is always suspicious of the patriotism of the minority groups and therefore their representation is always low in military. An example would be in the United States of America when African Americans were not allowed to serve in the army before the Civil War. It was only when it was inevitable that they were allowed to serve in the military. Majority group in most cases feels suspicious of the minority group because they believe minorities