By Ken Eluma Asogwa
Under Section 305(1) of the 1999 Constitution (as amended), the President has the authority to proclaim a state of emergency in the federation or any part thereof.
The operative words here are ” federation ” or ” any part thereof.”
My question to President Bola Tinubu is this: Having relied on this provision to remove an elected governor, would he also invoke the same Section 305(1) to remove himself from office if a state of emergency were declared over the entire federation?
From the above scenario, it is evident that the drafters of the 1999 Constitution never intended for a governor to be removed solely on the basis of a state of emergency declaration.
This is precisely why, during his tenure, President Goodluck Jonathan did not remove Governors Kashim Shettima, Murtala Nyako, or Ibrahim Gaidam when states of emergency were declared in Borno, Adamawa, and Yobe, respectively.
Ken Eluma Asogwa is a Legal Practitioner