September 16, 2024

If A Gov Cannot Remove A LG Chairman, Where Does The President Get The Power To Remove A Gov?

2 min read

In a compelling interview featured on Arise TV, Femi Falana, SAN, a senior advocate of Nigeria, firmly stated that the President of Nigeria does not possess the constitutional authority to remove a sitting governor. Falana emphasized the clear distinction in the roles and powers outlined in the Nigerian Constitution regarding the removal of elected officials.

Falana drew an analogy to underscore his point, suggesting that the idea of a president removing a governor is as implausible as the National Assembly passing a resolution to remove the president. He noted that such actions are beyond the constitutional provisions and powers vested in either the president or the National Assembly.

“There are provisions in the constitution for removing a governor, and it is either by resignation, death, or impeachment, so a president in Abuja cannot suspend or remove a governor,” Falana stated. “It’s like the National Assembly passing a resolution that the president has been removed; there is no such provision.”

Falana further explained that the Supreme Court has consistently upheld the principle that governors do not have the authority to remove elected local government officials, such as chairmen or counselors, before the end of their tenure. This legal precedent, he argued, further invalidates any claim that a president could remove a sitting governor.

“The Supreme Court has said that no governor has the power to remove elected local government officials before the end of their tenure. If a governor cannot remove a local government chairman or a counselor, where does the president get the power to remove a governor?” Falana questioned.

Video Link. 26:29.

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