On May 29, yes, May 29, 1962, as the Federal Parliament sought to pass the resolution to declare a state of emergency in Western Nigeria, Chief Awolowo made this speech on the floor of the Parliament. It was ominous. The NPC led government had their way and declared the state of emergency. The effect of that decision materialised fully in January 1966.
IN reply, the Leader of Opposition in the Federal Parliament, and Leader of the Action Group, Chief Obafemi Awolowo said:
“I beg to move the following Amendment to the Motion already proposed by the Prime Minister:
“To delete all the words of the Motion after-That – and substitute- “This honourable House declares after having regard to the provisions of section 65 of the Constitution of the Federation of Nigeria a state of public emergency does not exist.”
“May I draw the attention of honourable Members to the provisions of section 65 of our Constitution. It is not usual for Members to read the Constitution unless occasion such as this arises or some other incidents which affect us occur.
“Section 65 reads: “65(1) Parliament may at any time make such laws for Nigeria or any part thereof with respect to 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.”
“The section 3-(3) In this section “period of emergency” means any period during which (a) the Federation is at war; (b) there is in force a resolution by each House of Parliament declaring that a state of public of emergency exists; and (c) there is in force a resolution of each House of Parliament supported by the votes of not less than two-thirds of all the members of the House declaring that democratic institutions in Nigeria are threatened by subversion.
The Prime Minister thinks that this very far-reaching provisions of the Constitution should be invoked merely to save a friend!
“Secondly, what is a public emergency? What is a state of public emergency? May I say that my view quite candidly is that a state of public emergency arises only when there is widespread violence in any part of the Federation. In this particular case there is no widespread violence or rioting or disturbance in the Western Region.
Thirdly I say- I said it outside this House and I want to repeat it on the floor of this honourable House- that the action now being taken by the Federal Government is a gross misuse of power; I do not say abuse because as far as I can see there is no abuse yet- I hope the Federal Government does not abuse its power in the process of implementing this Resolution, but so far it is a gross misuse of power; the circumstances which should warrant the use of this power have not yet risen.”
Copied from Vanguard Newspaper.