Over the last few weeks, while the governor of Ondo State continues to govern from far-off Ibadan in Oyo State, calls for Governor Rotimi Akeredolu’s resignation have become louder.
Recall that the governor has been in Ibadan ever since his return from a medical vacation in Germany, and many people in the state think Sunshine State governance has been operating on autopilot.
However, Kennedy Peretei, the Ondo State PDP’s national publicity secretary, had demanded that the governor be removed from office for breaking the constitution, saying that “it is now necessary for the Ondo State House of Assembly to start the impeachment process of Rotimi Akeredolu, SAN, for breaking the Federal Republic of Nigeria’s 1999 Constitution right now.”
However, Kennedy Peretei, the Ondo State PDP’s national publicity secretary, had demanded that the governor be removed from office for breaking the constitution. He said, “It is now time for the Ondo State House of Assembly to start the process of impeaching Rotimi Akeredolu, SAN, for breaking the Federal Republic of Nigeria’s 1999 Constitution as amended.
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“It’s no longer news that the governor’s illness has put Ondo State on autopilot for almost six months, grounding all government activities,” the statement read.
Legal experts state that in the event of a health issue, the commissioners, who have the authority to declare the governor unable, should take the lead in any effort to remove the governor.
A lawyer practising in Abuja named Rasheed Bakare clarified that the procedures under Section 189 of the 1999 constitution must be fulfilled before a governor or deputy governor is deemed incapable of holding their current position.
Section 189 of the Nigerian Constitution states that Mr. Akeredolu’s incapacitation can only be declared by the commissioners of Ondo State.
The state executive council must first decide by a vote of two thirds that the governor is unable to serve in his current capacity.
According to the constitution, “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 State’s executive council, it is declared that the Governor or Deputy Governor is incapable of discharging the functions of his office.”
The speaker is required by the constitution to appoint a panel to review the governor’s health following the body of commissioners’ resolution.
The governor’s physician is one of the five medical professionals who must be on the medical panel. If the panel finds that the “Governor or Deputy Governor is suffering from a physical or mental impairment that prevents him from performing the duties of his office indefinitely, a notice of this fact signed by the Speaker of the House of Assembly shall be published in the Official.”
The governor is formally removed and the report must be published when it has been delivered to the speaker.
Recall that only the Commissioners for Energy and Mineral Resources, Razak Obe, and Commerce, Industry, and Cooperative Services, Akin Sowore, did not sign the resolution last week, when 33 of the 35 members of the State Executive Council passed a vote of confidence on the sick governor and vowed to support him
