For several weeks, the demand for Governor Rotimi Akeredolu’s resignation has been gaining momentum as he continues to govern Ondo State from a distance in Ibadan, Oyo State.
According to Media Talk Africa, the governor has been in Ibadan since his return from a medical trip to Germany, leading many in the state to believe that governance in the Sunshine State has been on autopilot.
Akeredolu departed Nigeria on June 13, 2023, for medical treatment in Germany and spent approximately three months there before returning to Nigeria on September 9. Before his departure, he had informed the Ondo State House of Assembly about his 21-day leave and delegated power to his deputy to act in his capacity.
Upon his return, the governor has yet to visit Akure, the state capital. Instead, he is residing at his personal residence in Ibadan.
Accusations have surfaced, implicating the First Lady, Betty Anyanwu-Akeredolu, in orchestrating her husband’s prolonged stay in power despite reported ill health.
The political climate in Ondo State has been tumultuous since the governor’s return from his medical trip, with his loyalists making fervent attempts to oust the deputy governor for actions taken during Akeredolu’s absence.
Impeachment Proceedings Against Deputy Governor
Lucky Aiyedatiwa is currently embroiled in the ongoing political turmoil as supporters of Governor Akeredolu endeavor to remove him from office.
The deputy governor’s predicament began upon Akeredolu’s return to the country, with all media aides in the deputy governor’s office being dismissed.
A list of 14 offenses purportedly committed by Mr. Aiyedatiwa, including “gross misconduct, abuse of office with actions likely to bring down Ondo State Government, financial recklessness, publication in print media by your media aides maligning the credibility of the Governor, etc”, has been put forth by the governor’s loyalists in the State Assembly.
The impeachment proceedings have marginalized the deputy governor, who has sought recourse through legal channels.
Although the intervention by the National Working Committee of the APC appears to have somewhat tempered the process, the deputy governor seems to have been sidelined altogether.
However, attention has recently shifted from the deputy governor to Mr. Akeredolu. Ironically, the governor, who was the President of the Nigerian Bar Association during the illness of Umar Musa Yar’Adua, was outspoken in calling for Yar’Adua’s resignation due to his health.
“No matter how much you love your country, it should not be at the detriment of your health. It is not your party or your wife that will decide whether you are capable of handling state matters; it is only your doctors that can decide that. The bar is not asking the president not to come back and take his seat, but the right thing must be done,” Akeredolu had proclaimed in 2010.
Steps to Declare Akeredolu Incapacitated
Kennedy Peretei, the National Publicity Secretary of the Ondo State PDP, has called for the governor’s impeachment for violating the constitution.
“The time has come for the Ondo State House of Assembly to immediately begin the impeachment process of Rotimi Akeredolu, SAN, for violation of the 1999 Constitution of the Federal Republic of Nigeria as amended.”
He stated, “It is no longer news that Ondo State has been on auto-pilot for nearly six months, grounding all activities of the government due to the ill health of the Governor.”
Conversely, the Assembly has consistently defended Mr. Akeredolu and rebuffed any calls for action.
According to legal experts, in instances of health challenges, the process of removing the governor must commence with the commissioners, who possess the authority to declare the governor incapacitated.
Rasheed Bakare, a legal practitioner in Abuja, elucidated to Media Talk Africa that Section 189 of the 1999 constitution outlines the necessary steps to declare Mr. Akeredolu incapacitated.
As per section 189 of the Nigerian Constitution, only the Ondo State commissioners have the mandate to initiate the procedure of declaring Mr. Akeredolu incapacitated.
“189. (1) The Governor or Deputy Governor of a State shall cease to hold office if, by a resolution passed by a two-thirds majority of all members of the executive council of the State, it is declared that the Governor or Deputy Governor is incapable of discharging the functions of his office,” the constitution stipulates.
Following the resolution by the executive council, the constitution mandates the speaker to establish a panel to assess the governor’s health status.
The medical panel must comprise five medical practitioners, including the governor’s physician. The panel must ascertain that the “Governor or Deputy Governor is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the Speaker of the House of Assembly shall be published in the Official…”
Upon submission of the report to the speaker, it must be published, and the governor is officially removed from office.
Mr. Bakare indicated to Media Talk Africa that, under the existing law, it would be challenging to remove Mr. Akeredolu or any other governor in Nigeria based on section 189.
According to the legal practitioner, since the governor appointed the commissioners, it would be arduous for them to recommend the removal of their superior.
“The challenge with section 189 is that it is hard to see a commissioner that will say ‘My boss, the governor is sick and unable to perform, so let us pass a vote to that effect’. It is hardly done. In fact, that provision needs amendment.
“Who appoints the commissioners? The governor. For them to pass a vote against the governor, owing to the infirmity of the mind or body— they won’t. It hardly occurs,” he articulated during a telephone conversation.
Recently, 33 out of the 35 State Executive Council members expressed a vote of confidence in the ailing governor and affirmed their loyalty to him.
Only the Commissioner for Energy and Mineral Resources, Razak Obe, and the Commissioner for Commerce, Industry, and Cooperative Services, Akin Sowore, refrained from signing the document.
There are indications that politicians in the state opt to await the next election scheduled for November 2024, with the primary election planned for April next year.
