DECLARATION OF STATE OF EMERGENCY VIS-A-VIS THE SUSPENSION OF THE GOVERNOR OF A STATE: THE POSITION OF HIS CONSTITUTIONAL IMMUNITY

Abstract

Nigeria is a Federation comprising of thirty-six States and a Federal Capital Territory which operates a constitutional democracy. The Constitution of Nigeria has a supreme status and provides for the office of the Governor who is the Chief Executive of each of the States. The Constitution also specifies not only his tenure of office and the circumstances under which he can cease to hold office but also grants him immunity through which no civil or criminal proceedings shall be instituted or continued against him during his period of office. Regrettably, the concept of “suspension” which is not among the circumstances under which a Governor of a State can cease to hold office has become closely associated with the declaration of a state of emergency in Nigeria. During a state of emergency, a suspended Governor goes into limbo and he is not certain as to what to do next because he waits for a further decision to be taken on him by the authority that suspended him. The fundamental questions that come to mind are, “what is the status of his Constitutional immunity whilst on suspension? Does his suspension through which he no longer functions as the Governor of a State strips him of his immunity? Although there are few judicial authorities in respect of declaration of a state of emergency and the removal of a State Governor through suspension in Nigeria, it warrants discourse on the vexed issue and answers the posers through the examination of the Constitution of the Federal Republic of Nigeria, and some secondary source materials.