Rivers: El-Rufai cautions against unconstitutional removal of elected officials

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Mallam Nasir El-Rufai, the former governor of Kaduna State, has reiterated that a state of emergency cannot be used to remove elected individuals from office, including governors and lawmakers.

During a press conference on Thursday, El-Rufai referenced a 2006 Supreme Court ruling that declared that the removal of elected officials in an emergency is prohibited by Section 305 of the Nigerian Constitution.

“It is true that in those cases, the governors were suspended. These suspensions were challenged in court, and in 2006, the Supreme Court of Nigeria gave a judgment clearly stating that under no circumstances can the emergency provision in Section 305 be used to remove any elected official. That is the law,” El-Rufai stated.

He underlined that no authority, federal or state, has the jurisdiction to remove a sitting governor without following the proper legal procedures unless a constitutional amendment or piece of legislation specifically alters this decision.

He emphasized that impeachment by the state legislature is the only legal way to remove a governor.

El-Rufai’s comments coincided with discussions and conjectures about how a state of emergency might affect elected officials.

His remarks serve as a reminder that when managing political crises, constitutional rules must be respected.

The former governor’s remarks uphold the legal precedent that is still enforceable in Nigeria’s democratic system, with no changes made to the 2006 Supreme Court ruling.

President Bola Ahmed Tinubu proclaimed a state of emergency in Rivers on Tuesday, as ZINGTIE recalls.

Additionally, Governor Siminalayi Fubara and his deputy were suspended by the president for six months.

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