Many Nigerians often wonder: Can the President suspend an elected governor? The short answer is no. The 1999 Constitution of Nigeria (as amended) does not give the President the power to suspend or remove a governor, no matter the situation. However, the President does have the power to declare a state of emergency in a state, but that doesn’t mean the governor automatically loses office.
What Powers Does the President Have?
Under Section 305 of the 1999 Constitution, the President can declare a state of emergency in a state, but only under specific conditions. These include:
If Nigeria is at war
If there is a breakdown of law and order that threatens national security
If a natural disaster or public danger occurs
If a serious public health crisis (like a pandemic) happens
If the state governor formally requests it, explaining why normal governance cannot continue
If the President believes the situation is serious enough to require emergency powers
Even when a state of emergency is declared, it must be approved by the National Assembly within:
Two days (if they are in session)
Ten days (if they are not in session)
If approved, the state of emergency lasts for six months and can be extended if necessary.
Can the President Remove a Governor?
No. The Nigerian Constitution does not give the President the power to remove or suspend a governor, even during a state of emergency.
Section 180(1) of the Constitution states that a governor can only leave office through resignation, death, permanent incapacity, or impeachment.
Section 188 clearly says that only the State House of Assembly can remove a governor through an impeachment process.
So, no matter how bad things get in a state, the President cannot just wake up and remove the governor.
What About Past Cases Where Governors Were Suspended?
Even though the law is clear, some past presidents have removed governors under a state of emergency, sparking legal and political debates.
1. Plateau State (2004) – Governor Joshua Dariye
President: Olusegun Obasanjo
What happened? Due to ethnic and religious violence, Obasanjo declared a state of emergency, suspended Governor Dariye, and appointed a military administrator.
Why was it controversial? The Constitution does not allow a president to suspend a governor. After six months, Dariye was reinstated.
2. Ekiti State (2006) – Governor Ayo Fayose
President: Olusegun Obasanjo
What happened? Fayose was accused of corruption. The state assembly’s impeachment process was chaotic, so Obasanjo declared a state of emergency, suspended Fayose, and installed a military administrator.
Why was it controversial? Many saw it as an abuse of power.
3. Borno, Adamawa, and Yobe States (2013) – Boko Haram Insurgency
President: Goodluck Jonathan
What happened? Boko Haram attacks were escalating, so Jonathan declared a state of emergency in these states.
What was different? Unlike Obasanjo, Jonathan did not remove the governors—he only deployed military forces to restore order.
Jonathan’s approach was seen as more constitutionally compliant, while Obasanjo’s actions remain highly controversial.
The Bottom Line
The President can declare a state of emergency under Section 305 of the Constitution.
The President cannot suspend or remove a governor—only the State House of Assembly can do that (Sections 180 and 188).
While past leaders have tried to push the limits of their power, the law remains clear: an elected governor can only be removed by due process, not by presidential order.
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