The Constitution of Nigeria does not permit the President to suspend an elected Governor of a state.
The 1999 Constitution of the Federal Republic of Nigeria establishes a clear separation of powers between the federal and state governments, ensuring that governors, as elected officials, are accountable primarily to their constituents and the respective State House of Assembly.
The Nigerian Constitution vests executive powers at the federal level in the President and at the state level in the Governor.
Section 5(2) of the Constitution specifies that executive powers at the state level are vested in the Governor, emphasizing their autonomy within their jurisdiction.
The Constitution however, provides specific procedures for the removal of a governor, such as impeachment by the State House of Assembly under Section 188.
This process involves allegations of gross misconduct and requires a detailed investigation, followed by approval from two-thirds of the assembly members. The President plays no direct role in this process.
While Section 305 allows the President to declare a state of emergency in a state under certain conditions (e.g., threats to public safety or governance breakdown), this does not equate to suspending or removing a governor.
Even during emergencies, governors retain their positions unless impeached or removed through constitutional processes.
It is imperative to note that Nigeria operates a federal system where states have significant autonomy.
This principle prevents undue interference by federal authorities, including the President, in state governance.
Governors are elected by their states’ citizens and are accountable to them rather than the President.
The Constitution establishes checks and balances to prevent abuse of power. For instance, while the President can deploy federal police or military forces in a state during emergencies, these actions require legislative oversight and do not extend to suspending elected officials.
Impeachment is a legislative process handled by the State House of Assembly, not an executive action by the President.
The Constitution does not grant the President authority over governors except in matters explicitly related to federal intervention during emergencies.
Instances such as Governor Murtala Nyako’s impeachment in Adamawa State illustrate that governors are removed through constitutional mechanisms involving their state’s legislature rather than presidential directives.
Legal scholars emphasize that presidential powers under Section 5(1) are limited to executing laws made by the National Assembly and maintaining constitutional provisions at the federal level. These powers do not extend to altering state-level governance structures arbitrarily.
The Constitution protects governors from arbitrary removal by ensuring due process through legislative procedures. This safeguard maintains democratic principles and prevents executive overreach. In summary, while the President has significant powers under Nigeria’s Constitution, these do not include suspending an elected governor of a state. Governors can only be removed through constitutional processes such as impeachment or resignation, ensuring adherence to democratic norms and preserving state autonomy.