Constitution Does Not Give President Power To Remove Governors — Falana.

Human rights lawyer, Femi Falana, has maintained that the Nigerian Constitution does not clearly grant the President the power to take over or temporarily suspend the executive or legislative institutions of any state.

Falana made this position known on Tuesday while speaking during an interview on Arise Television.

He was reacting to a Supreme Court ruling which reaffirmed that the President has the constitutional authority to declare a state of emergency in any state where public order or governance is under threat.

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 lead judgment issued what can be regarded as a summary decision.

“Sadly, many commentators have not taken the time to properly read the judgment. There is no doubt that the court affirmed the President’s power to take extraordinary steps to restore law and order in any state where a state of emergency has been declared.

“There was never any dispute that the President could deploy security forces or adopt other measures to restore order.

“What has remained controversial is the scope of those powers, and the Supreme Court noted that Section 305 of the Constitution does not clearly spell out the extent of the authority the President can exercise.”