Nigeria’s democracy is built on the principles of separation of powers and constitutional supremacy. Every public office derives its legitimacy from the 1999 Constitution, which clearly outlines the limits of authority for the executive, legislative, and judicial arms of government. Yet, time and again, we witness brazen overreach presidents unilaterally removing state governors under the guise of a “state of emergency.”
The President of Nigeria has no constitutional power to remove an elected governor, deputy governor, or dissolve a state assembly by mere proclamation. Any attempt to do so is unconstitutional, an abuse of power, and a direct assault on democratic governance.
The Nigerian Constitution provides a clear roadmap for both the declaration of a state of emergency and the removal of a governor from office two entirely separate legal processes. Section 305 of the 1999 Constitution empowers the President to declare a state of emergency under specific conditions, including war, invasion, insurrection, breakdown of public order, natural disasters, or other threats to national sovereignty. However, the law does not grant the President the power to remove an elected governor under a state of emergency.
The Constitution simply allows for extraordinary measures to restore order not to usurp democracy. Subsection 4 of Section 305 further reinforces this by requiring National Assembly approval within two days (or ten days if not in session), making it clear that emergency powers do not override the democratic process.
If a governor is to be removed from office, Section 188 of the 1999 Constitution provides the only legal method, impeachment by the State House of Assembly. This process begins with a written allegation of gross misconduct signed by at least one-third of the Assembly members, followed by a two-thirds majority vote to investigate the allegations. A panel of seven persons, appointed by the state Chief Judge, then conducts an investigation, and a final two-thirds majority vote of the House of Assembly determines whether the governor is removed. Nowhere in this process is the President mentioned, because he has no role in removing a governor.
When a President arbitrarily removes a governor, deputy governor, and state lawmakers under the pretense of an emergency, he is acting outside the law. There is no provision in the Nigerian Constitution that allows the President to dissolve an elected government at the state level. This was tested in 2004 when President Olusegun Obasanjo removed Governor Joshua Dariye of Plateau State and replaced him with an administrator under a state of emergency. It was a constitutional abomination that set a dangerous precedent. The Supreme Court later ruled in *A.G. Plateau State v. A.G. Federation (2006)* that such actions were illegal because the Constitution does not authorize the President to dissolve state governments, even in emergencies.
The misuse of emergency declarations for political control dates back to 1962, when Prime Minister Tafawa Balewa declared a state of emergency in the Western Region. Though it had a legal basis under the 1960 Constitution, it set a precedent for federal interference in state governance. However, under the 1999 Constitution, this kind of action is entirely illegal. The President cannot remove a governor, dissolve a state assembly, or appoint an “administrator” to take over a state’s affairs. The Constitution does not recognize such a position, and any attempt to impose one is nothing short of an unconstitutional power grab.
Allowing a President to remove governors at will turns Nigeria into a dictatorship, where democracy exists only on paper. If a governor can be removed by mere presidential decree today, what stops a future President from removing all opposition governors under the same pretext? The erosion of constitutional order is the fastest way to kill democracy.
Section 1(1) of the 1999 Constitution states: *“This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.”* That includes the President. No Nigerian leader, no matter how powerful, can override the Constitution.
A state of emergency is not a coup mandate. The President is not a king. And Nigeria is not a monarchy. Any attempt to remove a governor outside the constitutional process is an act of illegality that must be condemned and challenged. If democracy means anything in Nigeria, then we must reject unconstitutional power grabs, no matter who is in office.
Stephanie Shaakaa.
University of Agriculture Makurdi
Benue State.
