Mormah: President Tinubu Lacks Constitutional Authority to Suspend Elected Governors”

By: Engr. Emmanuel Chukwuka Mormah, SSA to the Governor of Delta State on Community Development

In a strong legal stance, constitutional experts have stated that President Bola Ahmed Tinubu does not possess the legal power to unilaterally suspend a democratically elected Governor in Nigeria, even in the event of a state of emergency. According to the 1999 Constitution of Nigeria (as amended), the President’s powers are limited, and such an action would be in violation of constitutional provisions.

Legal Basis for the Assertion

The 1999 Constitution of Nigeria does not authorize the President to suspend an elected Governor. Section 188 of the Constitution outlines the only constitutional procedure for the removal of a Governor: impeachment by the State House of Assembly. This process ensures that elected representatives of the people maintain their rightful power unless proven through legal procedures and checks.

Additionally, Section 305 of the Constitution permits the President to declare a state of emergency in cases of extreme national security threats, but it does not confer the power to suspend or remove elected officials. The declaration of a state of emergency empowers the President to take extraordinary measures to restore order, but it does not automatically remove state executives or disrupt the functionality of state governments unless approved by the National Assembly.

Rivers State Case Study

If a state of emergency is declared in Rivers State, legal experts assert that the President can initiate necessary measures to address the emergency but cannot remove the elected Governor without the support of the National Assembly. Historical examples from previous administrations, such as those during President Olusegun Obasanjo’s tenure in Plateau and Ekiti States, underscore that elected officials were only suspended or removed following legislative approval.

Thus, any attempt by the President to suspend an elected Governor without legislative backing or due constitutional process would be deemed unlawful and could face legal challenges in Nigerian courts.

This development is a significant reminder of the importance of upholding democratic principles and ensuring that the powers vested in government officials are not abused. Legal experts warn that any breach of constitutional norms could have severe implications for the nation’s democracy and the integrity of its governance system.

In conclusion, while the President holds certain powers, especially in times of national emergencies, suspending an elected Governor remains beyond his constitutional mandate. Such an act would violate the rule of law and the democratic values that Nigeria’s constitution seeks to protect.

---

Engr. Emmanuel Chukwuka Mormah SSA to the Governor of Delta State on Community Development