Doctrine Of Necessity! (Definition)
The doctrine of necessity is the basis on which extra-legal actions by state actors, which are designed to restore order, are found to be constitutional. It also includes the ability of a private person to violate a law without punishment where the violation of law was necessary to prevent even worse harm. The maxim on which the doctrine is based originated in the writings of the medieval jurist Henry de Bracton, and similar justifications for this kind of extra-legal action have been advanced by more recent legal authorities, including William Blackstone.
In modern times, the doctrine was first used in a controversial 1954 judgment in which Pakistani Chief Justice Muhammad Munir validated the extra-constitutional use of emergency powers by Governor General, Ghulam Mohammad. In his judgment, the Chief Justice cited Bracton’s maxim, ‘that which is otherwise not lawful is made lawful by necessity’, thereby providing the label that would come to be attached to the judgment and the doctrine that it was establishing.
The doctrine of necessity has since been applied in a number of Commonwealth countries, and in 2010 was invoked to justify extra-legal actions in Nigeria.
Pakistan, 1954: First use
Grenada, 1985: Second use
Nigeria, 2010: Nigerian parliament creates an Acting President.
From the above and;
- With the Refusal/neglect by members-elect to subscribe to the Oath of Membership/Allegiance with respect to the affected constituencies
throughout the First Session and First Quarters of the 7th Assembly of Edo State amounts to abdication of office. - INEC should in the circumstance withdraw the affected members’ certificate of return having failed/neglected to seat in the House they were elected and their constituency having been declared vacant by the Speaker in exercise of his power as vested by the Constitution of the Federal Republic of Nigeria 1999 (as amended) by which act, the affected members-elect can no longer be inaugurated.
- That sequel to the declaration of the affected Constituencies vacant by the Speaker of the Edo State House of Assembly, INEC should NOT in the interest of Justice and Equity, conduct any fresh elections into the affected constituencies as the affected Members-elect did not subscribed to the Oath of Membership/Allegiance and abdicated their responsibilities.
4. That certificate of return should be issued to PDP candidates as the 1st Runners up in their various Constituencies, since the members-elect who abdicated their position did not subscribe to the Oath of Membership/Allegiance before their Constituencies were declared vacant by the Speaker in the interest of Justice and Equity.
- That we most humbly implore INEC to liken this case to that of Musa Yar’adua and Goodluck Jonathan. Since there is a lacuna in the Constitution, as to what is to be resorted to, when a person having been declared a winner in an election but failed/neglected to subscribe to the Oath of Membership/Allegiance and consequence upon which, his seat/constituency declared vacant by the Speaker, the Doctrine of Necessity should be invoked to issue certificate of return to the 1st Runner up in the election in order to save their constituencies from undue suffering and neglect having performed their civic responsibility of voting only to be denied the dividend of democracy and representation.
- It would amount to a type of political double jeopardy if a political party that as a result of its own internal quibbles, indiscipline and lawlessness created a near anarchy on the governance of a state is permitted/allowed to profit from its shenanigans.
Signed
Chris Osa Nehikhare
SPS PDP EDO STATE