Why President Tinubu Cannot Suspend a Sitting Governor
President Bola Ahmed Tinubu’s recent suspension of a governor is unconstitutional.The Nigerian Constitution, which is the highest law of the land, does not give the President the power to remove or suspend a state governor. Governors are elected by the people, and their removal must follow a legal process.
How Nigeria’s Government Works
Nigeria has a system where power is shared between the federal government (led by the President) and state governments (led by governors). This system ensures that each level of government operates independently. A governor is not an employee of the President but an elected leader of a state, answerable to the people and the State House of Assembly.
Legal Process for Removing a Governor
The Nigerian Constitution in Section 188 clearly states how a governor can be removed:
- The State House of Assembly must receive a complaint against the governor.
- One-third of the Assembly members must sign a petition.
- The House of Assembly must investigate the complaint.
- A panel set up by the Chief Judge of the state will review the case.
- If two-thirds of the Assembly members agree, the governor can be removed.
“Nowhere in the Constitution does it say that the President has the power to remove or suspend a governor.“
Court Rulings on Governor Removal
Nigerian courts have ruled multiple times that the President cannot remove a governor. In the case of A.G. Federation v. Atiku Abubakar (2007), the Supreme Court ruled that the President does not have the power to remove an elected leader. In another case, Ladoja v. INEC (2007), the court reaffirmed that only the legal process stated in the Constitution must be followed.
Why Suspending a Governor is Dangerous
If the President to suspend a governor illegally, it would have serious consequences
- Weakening State Governments: It would mean that state governors have no real power and are under the control of the President.
- Political Instability: Governors and lawmakers would protest, leading to chaos in the country.
- Court Battles: The case would go to court, causing more political problems.
- International Backlash: Other countries would criticize Nigeria for violating democracy and the rule of law.
Conclusion
President Tinubu’s suspension of a governor is not only unconstitutional but also a threat to Nigeria’s democracy. The rule of law must be upheld, and any actions against a sitting governor must follow the legal process outlined in the Constitution. Ignoring these procedures undermines the principles of federalism, weakens democratic institutions, and sets a dangerous precedent for future governance. To maintain political stability and public trust, it is crucial that all leaders, including the President, adhere strictly to constitutional provisions.
