By Barrister Kenneth Ikonne
I listened to Festus Keyamo, learned Senior Advocate of Nigeria, yesterday argue on national television that the DOCTRINE OF NECESSITY could be called in aid in justification of the unappropriated expenditure of almost half a billion dollars on the purchase of Tucano Jets by President Buhari! Ironically, in 2010, after the invocation of the doctrine, upon my advice and recommendation, by the then President of the Senate, Dr. David Mark, GCON, to pave the way for the emergence of Jonathan as Acting President, Keyamo himself went to court against the National Assembly, to argue that the doctrine has no place in our constitutional jurisprudence! Keyamo was wrong then, and is even wronger now in giving the doctrine an odious application!
Clearly, the Doctrine of Necessity is not available to cure avoidable and obvious breaches of the constitution. In the present case, calamity was not boding, and there was no emergency. Whatever urgency there was was contrived and self- induced, and is even vitiated by the admitted fact that the jets would be delivered, not even this year, but two years hence! Keyamo was merely waffling!