By Comr. Vincent Aluu PhD.
There are clear cut provisions provided in the 1999 constitution as amended for the removal of an elected governor or the governor leaving office. Using the guise of state of emergency is not one of them.
Section 180 (2) of the 1999 Constitution states that the governor shall cease to hold office at the expiration of a period of four years commencing from the date when he took the oath of allegiance and oath of office.
Section 306 of the Constitution states that any person who has been appointed or elected to any office under this Constitution may resign from that office by writing under his hand addressed to the appropriate authority. Section 188 of the Constitution outlines the procedure for impeaching a governor.
Section 185 (1) of the Constitution states that “if a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to take and subscribe the Oath of Allegiance and oath of office, the person elected with him as Deputy Governor shall be sworn in as Governor.
Section 189 (1) of the Constitution states that “the Governor or Deputy Governor of a State shall cease to hold office if…by reason of infirmity of mind or body he is incapable of discharging the functions of his office.
Section 143 (1) of the Electoral Act 2010 (as amended) states that “if the tribunal or court nullifies the election of a candidate, the candidate shall not be returned as elected.
Section 308 of the Constitution states that “in exercising his powers under this Constitution and under any law, the Governor of a State shall not be compelled to surrender to any person or authority any information relating to any matter which he is entitled to withhold from any person or authority under this Constitution or any law.
Where exactly did President Tinubu derive his power to suspend an elected governor. If we operate a constitutional government, his action is ultra vires, unconstitutional, inconsistent with the provisions of the Constitution and of no effect. The onus is on the National Assembly to do the needful.
Some are citing state of emergency in 2004 and 2006 by Former President Obasanjo. The matter got to Supreme Court of Nigeria which consistently held that the President cannot remove a governor during a state of emergency.
In the cases of Attorney-General of the Federation v. Attorney-General of Plateau State (2004), The Supreme Court held that the President’s declaration of a state of emergency in Plateau State did not empower him to remove the Governor from office.
Also, in the case of Attorney-General of the Federation v. Attorney-General of Ekiti State (2006), the Supreme Court reaffirmed its earlier decision, holding that the President’s declaration of a state of emergency in Ekiti State did not give him the power to remove the Governor. These judgments have established a clear precedent that the President’s powers during a state of emergency do not extend to removing a governor from office. The Supreme Court has consistently upheld the principle of federalism and the autonomy of state governments.
Where did Tinubu derive his powers to suspend a sitting governor?
