Impeachment: Adopt Doctrine Of Necessity In Ondo-Lawyer

A human rights lawyer, Allen Sowore has asked the Ondo State House of Assembly to adopt the doctrine of necessity to address the political quagmire being faced with the absence of Governor Oluwarotimi Akeredolu, and the embattled nature of the Deputy, Hon Lucky Aiyedatiwa.

Sowore said the doctrine of necessity conforms with Section 190 (2) of the 1999 constitution of the Federal Republic of Nigeria which was adopted during the late President Umaru Yar’Adua and Vice President, Goodluck Jonathan.

According to him, since Governor Akeredolu announced his resumption after medical leave, he has not been seen in the State while the Deputy who was supposed to hold forth was shuttling around the country to prevent his being sacked by the Assembly.

In a statement titled “Ondo Political Quagmire: Time To Invoke Doctrine of Necessity Is Now!” Sowore said the State Assembly should adopt the doctrine of necessity when Yar’Adua was sick and he did not transfer power to Jonathan, his Vice President.

His words “In accordance with the provisions of Section 188 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), and following due process, procedure, and proceedings, it is evident that the covert plot by Governor Oluwarotimi Akeredolu to impeach his deputy, Lucky Aiyedatiwa, has failed woefully.

“This failure is attributed to various factors, including the presence of a valid and subsisting court order, which halted the constitutional timelines. Additionally, there was a lack of strict adherence to the prescribed procedures, as the House had already exhausted the provisional two resolutions.

“Most importantly, the impeachment of the deputy governor was outrightly rejected by the majority of the people of the state in the absence of the governor. Hence, the impeachment plot against Lucky Aiyedatiwa is null and void ab initio.

“Also, the Chief Judge, Justice Olusegun Odusola has declined the request of the state House of Assembly to set up a probe panel to investigate the nebulous allegations of the deputy governor, Lucky Aiyedatiwa. This is the straw that broke the camel’s back.

“It is disheartening to observe that the State House of Assembly has not ceased in its unbridled desire to remove the deputy governor or create a crisis in the state. This is the same Assembly that has passed only one bill which is for the creation of additional 33 Local Council Development Areas since its inauguration on 5th June.

‘It is no secret that Governor Oluwarotimi Akeredolu has been absent and unavailable to perform his duties since 3rd April 2023, leaving the state without governance and direction. His recent staged return from Germany and the subsequent submission of a resumption letter to the Speaker of the State House of Assembly have exposed the challenges the cabal has been hiding from the people. Since this orchestrated return, no one in the state has seen or heard from the governor.

“Hence, it is imperative and patriotic for the State House of Assembly to utilize and invoke the various provisions in the Constitution under these circumstances, specifically:

“Section 190 (2) of the 1999 Constitution: By passing a resolution mandating the Deputy Governor to act as the Governor in the best interest of the state.

“Section 189 (4) of the 1999 Constitution: If the Assembly deems that the governor’s health has deteriorated to the extent that he may no longer possess the physical and mental capacity to effectively carry out the demanding day-to-day operations of the government, the Assembly, through the Speaker, should establish a medical panel to assess the Governor’s health condition, ensuring uninterrupted governance in our beloved Sunshine State.

‘These are duties that the Constitution imposes on the Speaker of the Ondo State House of Assembly, and it is essential to discharge them dutifully and patriotically to prevent the state from slipping into anarchy due to a lack of governance.

‘Similarly, as true friends and loyal allies of the governor, members of the Cabal and the State House of Assembly can also, on moral grounds, advise him to resign and prioritize proper care of his wellness.

“It is not ideal and of course, this display of desperation and over-ambition by government officials to outsmart one another at the expense of the lives and welfare of our people goes against the core Yoruba philosophical concept of Omoluabi, which our state is renowned for.”