Former Kaduna State Governor, Mallam Nasir El-Rufai, has reminded Nigerians that elected officials, including governors and lawmakers, cannot be removed from office simply because a state of emergency is declared.

Speaking at a press conference on Thursday, El-Rufai referred to a 2006 Supreme Court judgment that ruled against such actions. He explained that Section 305 of the Nigerian Constitution does not allow a state of emergency to be used as a reason to suspend or remove elected leader.

El-Rufai pointed out that in the past, some governors were suspended when a state of emergency was declared. However, the Supreme Court later ruled that such suspensions were illegal. The court made it clear that, under no circumstances, can this constitutional provision be used to remove elected officials.

He stressed that unless the law is changed, no federal or state authority has the power to remove a sitting governor outside of the legal process.

The former governor emphasized that the only legal way to remove a governor is through impeachment by the state legislature. Any other method would violate the Constitution.

His statement comes amid ongoing discussions about how a state of emergency affects elected leaders. He reminded everyone that Nigeria’s democracy must respect the law, especially during political crises.

El-Rufai’s remarks follow President Bola Ahmed Tinubu’s recent declaration of a state of emergency in Rivers State. Along with the declaration, Governor Siminalayi Fubara and his deputy were suspended for six months.

With no amendments made to the 2006 Supreme Court ruling, El-Rufai’s words reinforce that this legal precedent remains in place. Any attempt to remove an elected official outside of due process would be unconstitutional.

This situation continues to spark debates about the balance between emergency governance and democratic principles in Nigeria.