Rivers Demolition: Akin to The “Doctrine of Necessity” – By Stanley Ndukwu, Esq.
Many seem not to come to terms that merely for violating an administrative order, their hotels would be demolished and vehicles auctioned off. This however seems to be the reality.
It was reported that the youth leader of Peoples Democratic Party (PDP) youth leader in Eleme (Princewill Osaroejiji) who was declared wanted by Gov. Wike led a factional youth body that permitted some hotels to operate whereas another group opposed it. When the disagreement burst open, it was gathered, the governor got wind of the situation and furiously ordered the protected hotels to be demolished.
Gov Wike’s Executive Orders on lockdown just to safeguard health and well-being of Rivers people due to the menace of Coronavirus pandemic (Covid-19) is akin to the “Doctrine of Necessity”, “Police Powers Of A State” and “Martial Laws” imposed during emergencies and war times.
Necessity defence is a complete defence to any constitutional violation in this current situation of Covid-19 pandemic in order to avoid greater consequences to the people if immediate action is not taken.
Coronavirus pandemic is like a war situation where all conventional/civil laws are relaxed to give priority to more emergency measures, orders or directives with palliative effects, and any violations of these “Emergency Laws or Orders” are normally met with instant punishments for instant deterrence.
I believe these laws of emergencies are still novel in our jurisprudence that the Supreme Court will have to properly interpret in due course.
I totally disagree with some learned colleagues relying on FAITH OKAFOR V GOVERNOR OF LAGOS STATE & ANOR. (2016) LPELR – 41066 where at issue was the Governor’s Executive Orders on Environmental Sanitation Exercise and the resultant restriction of movement which did not fall under any emergency laws of any country in the world, and not in any shape or form comparable to coronavirus pandemic claiming lives everyday with frightening velocity. And any person, institution, property or guise of any activities aiding, abetting or promoting lose of lives in a war zone (which Covid-19 is similar to) is a war criminal that requires instant punishment for instant deterrence.
Therefore I disagree with the learned silk Chief Femi Falana, SAN based on the aforementioned Doctrine of Necessity, and which doctrine does not really require to undergo the process of the judicature before execution or implementation.
By noon today, Sunday, May 10, 2020, cries rang out from Alode in Eleme town and Onne, near Port Harcourt, where bulldozers began demolishing the hotels. A large crowd gathered at the spots. Few minutes later, social media was awash with weeping and wailing alongside photos of crumbling edifices.
It is not clear if the demolition was granted by any court, but the governor had issued what he called ‘Extreme Measures’ ordering Port Harcourt and Obio/Akpor, the two local council areas that make up the state capital (Port Harcourt) to totally shut down. He had said in the broadcast on Monday, May 4, 2020, to auction any hotel or vehicle that violated the order.
Recall by Thursday, May 7, 2020, while going round to enforce the order, the governor said he would demolish any erring hotel.
This seemed to throw confusion especially within the leisure industry as hotel owners did not know which actually was the punishment; auction or demolition.
As this was going on, the governor declared that 20 vehicles including trucks that were impounded would be sold off the next day Saturday. He also ordered that two hotels in Eleme local council area, Prudent in Alode and Etemet in Onne be demolished.
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