Falana: Constitution Does Not Empower President to Oust Governors

Human rights lawyer, Femi Falana (SAN), has stated that the Nigerian Constitution does not expressly grant the President the power to assume or temporarily remove the executive or legislative authorities of a state.

Falana made this assertion on Tuesday during an interview with Arise Television, monitored by Patriotic Insights News. He was responding to a recent Supreme Court ruling that reaffirmed the President’s constitutional authority to declare a state of emergency in any state where governance or public safety is threatened.

According to Falana, “Unlike the constitutions of India and Pakistan, the Nigerian Constitution does not expressly confer power on the President to assume or temporarily displace executive or legislative institutions of a state.

“In fairness to the Supreme Court, the justice who delivered the leading judgment issued what is regarded as a summary judgment. Unfortunately, most commentators have not thoroughly read the ruling.

“The court did confirm that the President can take extraordinary measures to restore law and order in any state under a declared state of emergency. However, what has remained controversial is the extent of those powers. Section 305 of the Constitution does not define the full scope of authority the President can exercise.”

Falana has been vocal on issues relating to governance, rule of law, and human rights, often urging clarity and adherence to constitutional limits in the exercise of executive powers.