The Federal government Wednesday indicated that it is prepared to impose a state of emergency in Anambra to ensure the sanctity of the November 6 governorship election in the state.
The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, gave the hint while fielding questions from correspondents at the end of the Federal Executive Council (FEC) at the presidential villa, Abuja.
He said nothing is ruled out in the determination to ensure a hitch-free exercise.
The minister said: “When our national security is attacked, and the sanctity of our constitutionally guaranteed democracy is threatened, no possibility is ruled out.
“As a government, we have a responsibility to ensure the sustenance of our democratic order. As a government, we have a responsibility to provide security to life and properties.
“So, within the context of these constitutional obligations, of the government or the desire to establish democratic norms and order, there is no possibility that is out ruled.
“The government will certainly do the needful in terms of ensuring that our elections are held in Anambra in terms of ensuring necessary security is provided, and in terms of ensuring protection is accorded to lives and properties.
“So, what I’m saying in essence, no possibility is out ruled by a government in terms of ensuring the sanctity of our democratic order, in terms of ensuring that our elections in Anambra hold, and you cannot out rule possibilities inclusive of the possibility of a declaration of a state of emergency where it is established, in essence, that there is a failure on the part of the state government to ensure the sanctity of security of lives, properties, and democratic order.
“So, our position as a government in this election is going to hold necessary security in terms of democratic order most certainly prevail for the purpose of this election.
“So, we resolve to have these elections the elections are going to hold and no possibilities are ruled out in terms of ensuring the provision of security, for the purpose of the conduct of the election, as well as Anambra is concerned.”
On the position expressed by his office concerning southern states/herders crisis on open grazing, which has drawn the ire of critics for allegedly violating the Constitution, he explained that his office had not taken any stance outside the scope of the constitution.
He had been asked whether the positions his office expressed on both the open grazing laws by states and on the Value Added Tax (VAT) would not influence the course of justice since the matters were in court.
He maintained: “Well, on the issue of farmers/ herders clashes, no position was taken by the Office of the Attorney General outside the scope of the constitutional provisions.
“The position of the Office of the Attorney-General is about freedom and liberty of movement among others…And what the Office of the Attorney General has simply succeeded in doing is making a reference to relevant constitutional provisions and established a position that each and every Nigerian is entitled to freedom of movement simpliciter.
“So, the issue is whether that freedom of movement is constitutionally guaranteed, or is not. And my answer to it is, the freedom of movement is indeed, constitutionally guaranteed.”
Also responding to his position of VAT and governors push for states to collect the tax, he said the federal government is contemplating heading straight to the Supreme Court, which according to him, has jurisdiction over such matters.
He said: “The issue of VAT, well, as you rightly know, there were certain judgments obtained by some state governors at their jurisdiction and localities before their respective state High Courts, and arising from those judgements and the laws that were passed by those state governments, the federal government filed an appeal against the judgement challenging the laws that were put in place, which I feel has been determined by the Court of Appeal.
“The Court of Appeal has granted an order of stay of execution, directing these state governments to maintain status quo pending the determination of the main appeal and these matters are being considered for determination.
“And some other governors have filed in an application for joinder, seeking to be joined in the matter as interested parties. But again, there is pending, equally, an application and preliminary objection for that matter, challenging the competence of the action and indeed the judgement that was obtained.
“But the federal government is still looking at other possibilities, all options open in terms of challenging the action, the action of the state government.
“But one thing that is fundamental that you need to know as being the issue equally being considered for determination by the court is the federal government is challenging the powers of the state governments to legislate on the issues associated with collection of VAT.
“And the position of the federal government as canvassed which is being looked into by the judicial system is to the effect that by our laws, the powers to legislate on the collection of VAT is statutorily vested in the National Assembly. And with that in mind, it is not within the scope and powers of the state government to legislate on the issue of collection.
“So, what I’m saying in essence, is just to give an insight as to the multiple contentions between the parties as being determined as been canvassed, presented for the determination of the court.
“And we are indeed litigating contending this issues before the court and the federal government is looking at all options at its disposal, inclusive of the possibility of invoking the jurisdiction, the original jurisdiction of the Supreme Court, taking into consideration that the dispute at hand is a dispute between the state government and the federal government, in respect of which only the Supreme Court has jurisdiction to entertain taking into consideration the constitutional provisions relating thereto.
“So, this is the position we are in as far as contention among the parties relating to the Value Added Tax is concerned.”
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