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Claim: Dr Rabiu Kwankwaso claimed that declaring a state of emergency in any Nigerian state does not affect the position of the elected governor.
Verdict: True. Findings revealed that a state of emergency declaration does not affect the governor of the state’s position.
Full Text
On June 18 this year, Dr Rabiu Kwankwaso, the 2023 presidential candidate of the New Nigeria People Party (NNPP), claimed that a declaration of a state of emergency in any state of Nigeria does not remove the governor from office.
“I want you to know that if the President declared a state of emergency in any state of the federation, the governor of the affected state would not be removed from office, and he would continue to execute his constitutional functions,” Mr Kwankwaso argued.
Mr Kwankwaso made the remarks while raising the alarm over purported Federal Government plans to declare emergency rule in Kano over the state’s emirate crisis.
Recently, the NNPP-led Kano government dethroned the 15th Kano Emir, Aminu Bayero, and installed Emir Muhammadu Sanusi II. Mr Bayero was appointed in 2020 by the APC-led Kano government under Abdullahi Ganduje, now the APC National Chairman.
The Federal Government has denied the allegation of planning to declare emergency rule in Kano.
However, a state of emergency is when the government is given emergency legal powers to steer the country or part of it through a crisis or extraordinary situation to protect its citizens. It is a declaration made by the president with the approval of the National Assembly in response to extreme circumstances ranging from natural disasters to armed conflict, civil unrest, epidemics, or other biosecurity risks.
Alkibla TV, a digital news platform, published the video in which Mr Kwankwaso was quoted making the claim. The post generated about 547,000 views, 16,000 likes, and 2,800 comments.
An overview of the comments on Mr Kwankwaso’s claim shows diverse views on the claim.
For instance, Bashir Aliyu said, “Kwankwaso’s claim is not true, and he pretends as though he is a legal luminary.”
Abubakar Mohammed described the NNPP leader’s claim as a radical political ideology. “A radical approach, a reflection of Aminu Kano’s legacies for political freedom,” he said.
Also, Abba Rimingado said Kwankwaso is unsure about his state of emergency declaration claim. “You need to think twice,” he insisted. Isa Usman said, “That’s right (Kwankwaso) a man of his word.”
Verification
DUBAWA reviewed sections 305 and 11 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), interviewed lawyers, and analysed the position and functioning of governors in states where the state of emergency was declared.
Based on provisions of section 305 of the 1999 Nigeria Constitution (amended), declaring a state of emergency in a state of the federation does not mean removing the governor from office. Also, only the president has the power to declare a state of emergency in Nigeria or any part of the country when there is war, danger of invasion, breakdown of public order and public safety, natural disaster, or threat to the existence of Nigeria.
Section 305 (4 and 6c) states that “The Governor of a State may, with the sanction of a resolution supported by a two-thirds majority of the House of Assembly, request the President to issue a Proclamation of a state of emergency in the State when there is in existence within the State any of the situations specified in subsection (3) (c), (d) and (e) of this section and such situation does not extend beyond the boundaries of the State.”
A state of emergency is for a renewable period of six months.
“After six months has elapsed since it has been in force: provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period for the Proclamation of the state of emergency to remain in force from time to time for a further period of six months by resolution passed in like manner.”
Commenting, Barrister SG Idris said the governor of a state is not removed from office when the president declares a state of emergency in his domain.
He said the constitution empowers state governors to request the president to declare a state of emergency when any of the reasons for such declaration arises, as specified in the constitution.
“It is worthy of note that the law is now settled that the president cannot hide under the guise of a State of Emergency to temper with the tenure of any state governor in contravention of the constitution,” he said.
In 2004, former President Olusegun Obasanjo declared a state of emergency in Plateau State, and Chris Ali was installed as the sole administration to replace the democratically elected governor of the state, Joshua Dariye. Similarly, in 2006, Obasanjo declared a state of emergency in Ekiti State and removed Fayose from office as governor for six months.
However, during the reign of former President Goodluck Jonathan, a state of emergency was declared in Borno, Adamawa, and Yobe States in 2011. Still, the governors of the states were allowed to continue leading.
Conclusion
Mr Kwankwaso’s claim aligns with the constitutional provisions that a declaration of a state of emergency does not inherently affect the position and functioning of the governor. The 1999 Constitution, particularly Sections 305 and 11, does not grant the president or the National Assembly the power to remove or suspend governors during a state of emergency. This was observed in practice during President Jonathan’s administration, which contrasts with earlier practices under President Obasanjo.
The researcher produced this fact-check per the DUBAWA 2024 Kwame KariKari Fellowship, in partnership with WikkiTimes, to facilitate the ethos of “truth” in journalism and enhance media literacy in the country.
