Section 41(1) of the 1999 Constitution provides unequivocally that “Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom.”
This provision, which the Attorney General of Edo State refused to lecture his principal on, affirms that no governor or political leader can legally restrict the movement of any Nigerian citizen within the country. The right to movement is not a privilege granted by governors; it is a fundamental human right enforceable against the state and its agents.
Thus, the threat issued to Mr. Obi is a direct breach of this constitutional provision, and such behaviour should be viewed as gross misconduct, which, under Section 188 of the Constitution, is a ground for impeachment. Even as a Senior Advocate of Nigeria, the former governor of Lagos State, Mr Babatunde Fashola, did not comprehend the purport of Section 41(1) when he deported over 70 beggars on July 24, 2013, until his attention was called to it, an action which he later regretted by tendering an apology as an educated statesman.
The courts have consistently upheld this right. In Director of State Security Service v. Olisa Agbakoba (1999) 3 NWLR (Pt. 595) 314, the Court held that the right to movement is sacrosanct and that state authorities cannot infringe on it without breaching the Constitution.
Also, in Osawe v. Registrar of Trade Unions (1985) 1 NWLR (Pt. 4) 755, the court emphasised the centrality of civil liberties in a democratic society. Thus, any governor who threatens or attempts to restrict the movement of a Nigerian citizen without lawful justification commits an assault on the Constitution.
It is therefore, respectfully submitted that Section 188(2)(b) of the 1999 Constitution empowers a State House of Assembly to commence impeachment proceedings against a governor who has committed gross misconduct in the performance of the functions of his office. Issuing unconstitutional threats to a citizen, especially a prominent political figure like Peter Obi, amounts to such gross misconduct. It undermines the rule of law, chills democratic participation, and sends a dangerous message of political intolerance.
A governor who interprets his office as a private kingdom or sees it in the light of the office of the Oba of Benin has betrayed the public trust and violated his oath of office under the Seventh Schedule, which includes a solemn pledge to “preserve, protect and defend the Constitution”.
It is a well-known fact, as can be substantiated in public discourse, that the current governor of Edo State has questionable academic credentials, with repeated media reports suggesting he could not pass his O-level examinations. While Section 177(d) of the Constitution requires only a “School Certificate or its equivalent”, the political implications of electing individuals lacking in critical thinking and legal reasoning are dire and must be looked at by the legislature in its efforts to amend the 1999 Constitution.
Uneducated individuals often view leadership as a means of vengeance, repression, and self-aggrandisement, rather than a noble call to service. As Plato warned in The Republic, the affairs of the state should be entrusted to “philosopher-kings”—those who possess wisdom, self-control, and justice. In modern democratic settings, these qualities translate into intellectual depth, emotional intelligence, constitutional awareness, and ethical clarity.
The electorate must be vigilant. The price of electing unqualified and mentally unequipped individuals into leadership positions is constitutional disorder, economic stagnation, and political instability. We must rise above tribalism and partisanship and begin to assess candidates based on their competence, education, leadership record, and moral soundness. A governor who cannot respect the Constitution cannot protect the people.
The threat issued to Mr. Peter Obi is unconstitutional, illegal, and disgraceful. It reflects the dangers of ignorance in high places and the urgent need for a value shift in our political culture. No part of Nigeria belongs to any individual or governor. Nigeria is one indivisible and indissoluble sovereign state as affirmed in Section 2(1) of the Constitution. The governor’s action is a constitutional infraction that calls for legislative scrutiny and potential impeachment. If democracy must thrive, leadership must return to men and women of knowledge, discipline, and vision. The philosopher-kings must rise in Nigeria
Roland Uwakwe is an Owerri-Based Lawyer and can be reached on rolanduwakwe@gmail.com
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