The mandatory two days required for the National Assembly to approve the emergency rule in Borno, Adamawa and Yobe states elapsed on Thursday without a formal notification from President Goodluck Jonathan to federal lawmakers, leaving a web of confusion whether or not, a vital constitutional requirement was breached.

Lawmakers and lawyers shelved an overwhelming euphoria that have trailed the emergency rule, to accuse the president of violating basic requirements in imposing emergency order, pointing out what may turn out tools for potential challengers of the order.

“I’m not contented with the whole arrangement because of the way he declared it and did not follow due process. He was expected to notify the House,” Ibrahim Kamba, a House of Representatives member from Kebbi state said on Wednesday.

The senate confirmed on Thursday it had yet to receive a published gazette, as stipulated by the constitution, through which the proclamation of the emergency rule ought to have been made.

The senate’s position is founded on Section 305 of the constitution, which states that “Subject to the provisions of this constitution, the president may by instrument published in the official gazette of the government of the federation issue a proclamation of a state of emergency in the federation or any part thereof.”

The succeeding sub section requires that “copies” of the published gazette be “immediately” sent to the senate and the House for consideration and possible approval. Such approval is expected in two days if the lawmakers are in session, or 10 days, if they are on break.

Senate yet to be notified

At a news conference, Thursday, Senate Leader, Victor Ndoma-Egba, repeatedly emphasized those requirements in remarks that eventually turned out contradictory.

Before he spoke, confirming no notification had been sent in from the presidency, Senate president, David Mark, announced the emergency rule will be considered by the senate for possible approval next Tuesday.

“It is not a nation-wide broadcast by the president that proclaims a state of emergency,” senate leader, Mr. Ndoma-Egba said. “It is the instrument published in the gazette “We have not seen any gazette.”

Yet, despite the denial, and somewhat conflicting signals, the president’s emergency order is deemed to have taken effect, with large scale military deployment into Borno, Yobe and Adamawa states.

By mid Thursday, deployment of troops and military hardware, including fighter jets continued, a day after the military confirmed in a statement it was taking broad measures to implement the president’s decision.

Reuters news agency quoted Air Force spokesman, Air Commodore Yusuf Anas, as confirming that “air assets”, including helicopter gunships as well as jets, had been sent in support of the extra troops being deployed for the operation.

Military raids were also reported the same day in Sambisa, Borno state, which is said to host one of Boko Haram’s largest camps.

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