Ailing Governor Rotimi Akeredolu of Ondo State, South West Nigeria was sworn in for a second term on February 24, 2021. He took the oath of office with his Deputy, Lucky Ayedatiwa. Since his assumption of office, Akeredolu has travelled several times out of the country on annual/medical vacations. These trips are dated: April 1, 2021; April 1, 2022; April 3, 2023; July 10, 2023; and December 13, 2023. The second to the last medical trip abroad by Akeredolu, who is battling with an undisclosed ailment was between June and August in Germany. He returned home on September 7, 2023.
As we speak, Aketi, as he is fondly called, is back to Europe for a follow-up to his medical treatment.
Indisposition is not the issue of concern here. Anybody can fall sick anytime. This is very natural. Similarly, we’re also conscious of the fact that Governor Akeredolu had always transmitted power to his Deputy – to hold brief for him, in acting capacity – all the time he had departed the country either for annual or medical vacations abroad.
It’s important to note that for over three months Akeredolu stayed last in the country, he was never in Ondo, the State he was elected to be the Chief Security Officer! Instead, the original State was like an annex and his Ibadan, Oyo State private residence was suddenly turned to Ondo State seat of power! This is not funny.
So, our concerns are really: first, the traditional crave for power – holding on to power, even when it’s obvious that all is not well, health wise; second, the mischievous attempt to deceive the public that Akeredolu is fit; and third, which is very critical to us and many political watchers, the avoidable, but prevalent lull in Ondo State Government activities, just as the Governor lacks the capacity to attend to the rigours of his office and absence of trust to delegate power properly to his Deputy to take charge. This has been the challenge in the political power hierarchy in Nigeria – from the Presidency to the State level.
It must be established that despite transmitting power to Aiyedatiwa, the man is still not very far from the “extra tyre” as positioned by the law. Akeredolu and powers that be, in both the Presidency and the State, have limited Aiyedatiwa in terms of asserting real political authority. Take it or leave it, the man cannot and will never go beyond what has been outlined for him to do. If he does try to go on his way, even, for the good of the common Ondo man, he would be scolded and handled in the manner already dictated, scripted and documented!
Over the years in this country, governance has been slowed down both at the national and state levels due to health challenges with the political power holders. In most and virtually all cases, the superior failed to do the right thing. Ondo State is a clear testimony and the latest instance.
In October 2012, a tragedy occurred when late Governor of Taraba State, Danbaba Suntai, a trained Pharmacist, but who has chosen flying as a hobby, was involved in an air crash in Yola, the Adamawa State capital, North East Nigeria. Right after the misfortune, Suntai was flown to Germany for medical attention, but later moved to the United States of America. While he was away, his Deputy, Garba Umar, acted as Governor.
A tragicomedy however ensued when a sick, disabled and mentally derailed Suntai returned to Nigeria. Despite the amendment to the lacuna in the law, Suntai’s family and associates failed to allow the law to take its full cause and resorted to deceit. Sadly, the Governor in the end died on June 28, 2017 at 55!
While debate on Suntai’s deception was then underway, a popular Constitutional and Human Rights Lawyer, Jiti Ogunye, added his voice with an epistolary piece, which, among others, discussed elaborately the issue relating to: “Incumbency and capacity to discharge functions of office.”
Ogunye wrote then: “The job of the Governor of a State is full time. Section 183 of the Constitution provides that the Governor shall not, during his tenure of office, hold any other executive office or paid employment in any capacity whatsoever.
“Maintaining and preserving the dignity of the office of Governor and ensuring that the office does not turn into a trading post for the pursuit of private business interests is the rationale of this provision. But it is clear also that the Section is an indication of the all-consuming nature of the job of the Governor.
“This being so, it can be said that the Constitution expects any person who holds the office of Governor to be as fit as a fiddle to do the job.
“Section 189 of the Constitution provides extensively as follows: ‘(1) the Governor or Deputy Governor of a State shall cease to hold office, if – (a) by a resolution passed by two-thirds majority of all the 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; and (b) the declaration is verified, after such medical examination as may be necessary, by a medical panel established under Subsection 4 of this Section in its report to the Speaker of the State House of Assembly;
“‘(2) Where the medical panel certifies in the report that in its opinion the Governor of 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 Gazette of the Government of the State;
“(3) The Governor or Deputy Governor shall cease to hold office as from the date of publication of the notice of the medical report pursuant to Subsection 2 of this Section;
“(4) the medical panel to which this Section relates shall be appointed by the Speaker of the House of Assembly, and shall comprise five medical practitioners in Nigeria- (a) one of whom shall be the personal physician of the holder of the office concerned; and (b) four other medical practitioners who have, in the opinion of the Speaker of the House of Assembly, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions;
“(5) In this Section, the reference to ‘executive council of the State’ is a reference to the body of Commissioners of the Government of the State, however called, established by the Governor and charged with such responsibilities for the functions of Government as the Governor may direct….’
Apart from looking too cumbersome, the quoted provisions were fraught with lapses. Many would remember how the country was thrown into constitutional turmoil when the late President, Umaru Musa Yar’Adua, was seriously ill and nobody was constitutionally positioned to take charge of the affairs of the country. This however called for an amendment to the constitution.
On this, Ogunye, in the same piece, enunciated: “Following the constitutional crisis that was created by the illness of President Umaru Musa Yar Adua, his refusal to transmit a letter disclosing his inability to discharge the functions of his office to the National Assembly, the state of interregnum and governance vacuum that was foisted on the Country thereby, and his eventual demise, the 1999 Constitution was amended vide the First Alteration of the Constitution, which came into effect on 6th day of January, 2011. A new Section 190 of the Constitution was substituted for the old Section 190.
“The amendment now compels a governor to transmit a communication of unavailability or incapacity to discharge the functions of his office to the Speaker of House of Assembly, within 21 days, failing which the House of Assembly shall mandate the Deputy Governor to act as Governor, pending when the Governor transmits a letter to the Speaker House of Assembly that he is available to resume his functions.
“This is how the new Section 190 (1) frames it: ‘Whenever the Governor is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the Speaker of the House of Assembly to that effect, and until he transmits to the Speaker of the House of Assembly a written declaration to the contrary, the Deputy Governor shall perform the functions of the Governor as Acting Governor’; and that ‘(2) In the event that the Governor is unable or fails to transmit the written declaration mentioned in subsection (1) of this Section within 21 days, the House of Assembly shall, by a resolution, made by a simple majority of the vote of the House, mandate the Deputy Governor to perform the functions of the office of the Governor as Acting Governor, until the Governor transmits a letter to the Speaker that he is now available to resume his functions as Governor.’
“From the wordings of S.189 of the Constitution, it is clear that those who are constitutionally empowered to flag off the removal of the Governor or Deputy Governor on the ground of incapacity to discharge the functions of his office are members of the Executive Council of the State, brought into the executive branch of government by the Governor and Deputy Governor, and who, presumably, are loyal to either or both of them.
“If the Council decides not to act, a court of law may compel them to perform their public and constitutional duty, in an action, instituted by a Nigerian that is clothed with the requisite locus standi. The House of Assembly could pass a resolution mandating the Council to act.”
He who gives the piper, dictates the tune. The Governor in most cases are the political godfathers of both members of the States Houses of Assemblies and Executive cabinet members. They are pocketed and have virtually no independent decisions of their own. Painfully, these are the facts and bitter truth why in similar instances in the past has failed to be a true reflection of the law. And as if to rub salt to a painful injury, President Bola Tinubu’s recent intervention in Ondo State power tussle was nothing, but a slap on the constitution, a careless indulgence, humiliation and undermining of authority and political office. In any case, Aiyedatiwa has no defined role, so the President would have concluded, hence, his ill-considered manner of intervention.
Despite being a lawyer, Ogunye appreciated the complexity, non feasibility and difficulty in application of the law, (given our political orientation and culture) relating to the issue in view.
Following this, he concluded in his discourse and posited: “What compels, nay impels a willing submission to the will of the Constitution, paradoxically, lies outside the Constitution. These are democratic culture, values, morality and ethics, and basic human decency. Sadly, these qualities are rare to find amongst our ruling pharaohs who loathe to leave power as much they loath power leaving them.” What else to say?
Taking the points home, first, we restate that President Tinubu’s mediation that Aiyedatiwa should be made to undersign an undated impeachment letter did not help matters. We understand that the Deputy Governor was accused of financial misappropriation and questionable political moves while his boss was away. In as much as we might give these to Tinubu and Akeredolu, still, the Ondo acting Governor was not dealt with fairly.
Be that as it may. Aiyedatiwa and his lovers should and must hear this. It’s gladdening he narrowly survived the onslaught by the superior political gladiators in Ondo State. This should be a lesson for him too – that there is a need for him to moderate his conduct, especially the alleged financial recklessness and his surreptitious political moves. We hold that if he, Aiyedatiwa, has any point to prove, he should discharge his obligations objectively and with a high sense of responsibility. As humans, we understand he would have his political ambition, but for him to have good public sympathy, he must first prove to all and sundry that he is a man of integrity. That he can be trusted with public office.
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Now to the big boss, the man at the centre of the conversation. Surely, we are having similarities in Akeredolu’s sickness case and Suntai’s accident-sickness saga. The bane of ex-Governor of Taraba State was damages suffered from the plane crash. This was a serious factor. As we speak, the ailment Governor Akeredolu was diagnosed with and since been treated for up until now is not disclosed. Officially. Why? This again, is a crucial question and a serious issue. In another quarter, it is being alleged that Akeredolu has been battling with the strange ailment right from his first tenure, only that it’s worsens now, such that covering up is practically impossible. It was alleged that all his annual vacations were actually used to attend to his failing and impaired health!
We are aware and fully conscious of the African and Nigerian political culture, that even with the glaring evidence and pressing need to do so, our political class don’t see resignation as the honourable and best option.
Still, we put it to Akeredolu that if he does, he has nothing to lose. Even if he’s back on his feet after taking the courageous decision. Rather, it will set the tone for others in the future who might be in the same circumstance – to take a patriotic decision. And this will be good for us as a nation. After all, nothing will erase the fact that he was once the Governor of Sunshine State. He will forever be honoured. History will smile at him and his name will be written in gold.
Our message: Governor Akeredolu, your health is very important and it’s no more there for you. Fact number one. Two, you must in view of the aforementioned take good care of your health. Three: If available information is correct, family members and associates acting for and using Akeredolu’s name since he is no longer able to take decisions on his own, should desist forthwith. Stop the window dressing: junketing in and out of Nigeria to deceive and create the impression that all is well. “It’s not well,” at all sir! So, take a humble pie please, relinquish power honourably and allow able and capable hands to assume power – for Ondo and its people to have a clear and prosperous direction!
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