National Telescope national telescope newspaper
By Olumide Olusegun |
Senior Advocate of Nigeria (SAN), Femi Falana, has described the removal of a sitting governor by the President as unconstitutional.
In a viral video, Falana stressed that the Nigerian Constitution does not grant the President or any authority the power to remove an elected official.
“There is no provision in the Nigerian Constitution that allows the President or anybody to remove an elected official,” he stated. “Since 1979, we have had nearly 20 court cases affirming the rights of Nigerians to be governed according to the law.”
“Only Impeachment, Resignation, or Ill Health Can Remove a Governor”
Falana explained that under the Constitution, a governor can only be removed through impeachment, voluntary resignation, or health-related incapacitation. Similarly, a legislator can only be removed through a recall process initiated by the people.
He further questioned the legality of appointing a sole administrator in a democratic setting.
“If the country is at war, would you ask the National Assembly to remove the President and appoint a sole administrator to prosecute the war?” he asked. “What former President Obasanjo did in removing governors cannot be justified under the law.”
Tinubu Declares State of Emergency in Rivers
Falana’s statement follows President Bola Tinubu’s recent declaration of a state of emergency in Rivers State, which led to the suspension of Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the state’s House of Assembly for six months.
Tinubu cited Section 305 of the 1999 Constitution as the legal basis for his action and appointed retired Vice Admiral Ibokette Ibas as the military administrator to oversee the state’s affairs.
The move has sparked debates on its legality, with legal experts like Falana arguing that it undermines democratic principles and the rule of law.
