In the eight-page memo of May 4, 2021, Mr Malami argued that insecurity across Nigeria has reached a level that could no longer be checked by existing democratic techniques.
President Muhammadu Buhari is in the process of declaring a state of emergency across the Federal Republic of Nigeria, Peoples Gazette can report based on a secret memo and official accounts, as the administration scrambles to waggle its way out of acute insecurity and the encumbrances of constitutional provisions.
Attorney-General Abubakar Malami has already written lengthy legal advice to the Nigerian president, urging him to move swiftly to suspend the fundamental rights of all Nigerians as guaranteed under Chapter IV of the Constitution.
In the eight-page secret memo dated May 4, 2021, Mr Malami told Mr Buhari that insecurity across Nigeria has reached a level that could no longer be checked by existing democratic techniques, saying 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,” the attorney-general said.
Mr 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.”
In the early pages of the document, Mr Malami cited widespread acts of insecurity and blamed prominent separatist agitators like Sunday Igboho and Nnamdi Kanu for fueling the protracted crisis that has enveloped the country and aggravated the social and economic conditions of Nigerians.
The memo was endorsed to the president by National Security Adviser Babagana Monguno and administration officials are divided on how to proceed with the advice.