The Nigerian President does not have the right to dismiss an elected governor of a state, according to the Alliance on Surviving COVID-19 and Beyond (ASCAB).
Though the Nigerian Constitution provides the President the ability to declare a state of emergency if there is a breakdown of public order in the Federation or any portion thereof, they lack the power to suspend democratic mechanisms, according to the Interim Chair of the group, Femi Falana (SAN).
While answering questions from journalists earlier on Wednesday, Attorney-General of the Federation and Minister of Justice, Abubakar Malami, said the Muhammadu Buhari-led government was prepared to do anything to declare a state of emergency in Anambra State to ensure peace ahead of the next governorship election.
"When our national security is endangered, and the sanctity of our constitutionally protected democracy is jeopardized, no option is off the table."
“It is our job as a government to safeguard the survival of our democratic order. We have a responsibility as a government to protect lives and property,” Malami had stated.
Despite the President's constitutional rights, Falana claims that an "elected state governor may only be removed through impeachment or resignation."
"Section 305 of the Constitution provides that the President shall have the power to issue a Proclamation of a State of Emergency if there is an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to restore peace and security, or if there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to restore peace and security," according to the statement.
If the Proclamation is not approved by a two-thirds majority of all members of each House of the National Assembly within two days of its publication in the Gazette, or within ten days if the National Assembly is not in session, the emergency rule will expire.
"It is important to remember that the President will not issue a state of emergency proclamation in any state unless the Governor of that state fails to obtain such a proclamation from the President within a reasonable period." The President's power to declare an emergency is restricted to using exceptional steps to restore law and order or peace and stability. In other words, if the State of Emergency is properly proclaimed in any state or throughout the country, the President has the authority to deploy soldiers and use other exceptional measures to restore law and order.
"Since 2015, President Muhammadu Buhari has imposed emergency rules in the states of Borno, Yobe, Adamawa, Zamfara, Kaduna, and Katsina by sending personnel of the military forces to help the police in restoring law and order. Such exceptional actions were taken by the President without the permission of both chambers of the National Assembly.
"In other words, since President Goodluck Jonathan's emergency rule in the North East area expired due to the passage of time, President Buhari has neither renewed nor prolonged it." The unconstitutional emergency rule implemented without a proclamation as mandated by section 305 of the Constitution has not been contested by the National Assembly.
To that extent, I'd like to assume that the Buhari government has just realized that the deployment of soldiers in several states of the Federation without a declaration of emergency is unlawful and unconstitutional. As a result, the Attorney-General of the Federation's threat is an attempt to return to constitutionalism in relation to the imposition of emergency rule in Anambra State and other states in the North West, North East, and South-East regions, where the Federal Government is fighting terrorists and so-called gunmen on a large scale.
Without fear of controversy, I submit that the President is not given the authority to dismiss the elected Governor of a State or suspend democratic processes under the Constitution. Governors can only be removed via impeachment or resignation, not by declaring an emergency.
“In the same spirit, lawmakers' terms are limited to four years, as stipulated by the Constitution. Despite the fact that former President Olusegun Obasanjo used emergency rule to remove two governors, the Peoples Democratic Party-led Federal Government eventually abandoned the unlawful practice. Ex-Presidents Umoru Yar'Adua and Goodluck Jonathan, for example, never invoked the emergency rule to depose elected governors or suspend legislative chambers or local government councils.
“Indeed, the Federal Government has now realized that removing a Governor of a State is unfair and unethical because the President has sole authority over the armed forces, police, and other security services. To that end, the Federal Government should abandon its risky proposal to depose Anambra State's governor and install a sole administrator on the eve of the state's gubernatorial election.
Without a doubt, the President has sent soldiers to Anambra State to put a halt to the so-called gunmen's indiscriminate killings and destruction of property. The President may decide to take further exceptional steps in Anambra State to guarantee that the next gubernatorial election is effectively handled by the Independent National Electoral Commission. However, the President should seek parliamentary approval to legitimize the deployment of military personnel in the state and other states where the federal government is now undertaking counter-insurgency operations. However, the federal government should not use emergency powers to depose elected governors and suspend democratic institutions in any of the Federation's states.”
