Those that argue that the 1999 structure (as amended), is crammed with absurdities will level to the upcoming constitutional disaster in Ondo State as yet one more proof of the declare.
Ondo State has turn into a kingdom divided amongst its princes, with the governor being within the All Progressive Congress (APC) and the deputy, defecting to the Peoples Democratic Celebration (PDP).
To make issues worse, the governor has sadly been identified as constructive to the corona virus illness, in any other case referred to as COVID-19.
In that divided kingdom, Rotimi Akeredolu (SAN), the governor of the state has declared his deputy, Agboola Ajayi, an enemy of the state, and actually, the best menace to the state administration.
But, by the availability of part 187(1) of the 1999 structure (as amended), Ajayi is the constitutional alter ego of the governor, the counterpart copy if you happen to like, or certainly the governor’s shadow.
Ought to the governor for any purpose, turn into incapacitated, and unable to carry out the capabilities of his workplace, the deputy governor, ipso facto, turns into the governor with out a lot ado.
But, within the phrases of the Ondo State Commissioner for Info and Orientation, Donald Ojogo, the deputy governor is “the best menace to good governance in Ondo State and you’ll’t try at hand over to individuals like that.”
For impact, he added: “Agboola Ajayi is the best menace to this authorities.” However talking with tongue in cheek, he confirmed: “the deputy has left governance, although he’s nonetheless in authorities.”
Clearly, the assertion attributed to the spokesperson of the Ondo State authorities is an absurdity qua incongruous, if I could use such expression.
However, in equity to Ojogo, the present state of affairs in Ondo State is a classical occasion of a tsetse fly perching on the scrotum.
As he rightly said, whereas the deputy governor has left governance, he has not left authorities. However of be aware, whereas governance provides allowance for the predilection, the whims and caprices of the official of the state; the legitimacy of a authorities, the substratum of the workplace, is based on the provisions of the enabling legislation, on this occasion, the 1999 structure (as amended).
To start with, part 187(1) of the structure, says: “In any election to which the foregoing provisions of this a part of this chapter relate, candidate for the workplace of governor of a state shall not be deemed to have been validly nominated for such workplace except he nominates one other candidate as his affiliate for his working for the workplace of governor, who’s to occupy the workplace of deputy governor, and that candidate shall be deemed to have been duly elected to the workplace of deputy governor if the candidate who nominated him is duly elected as governor in accordance with the stated provision.”
So, the structure envisages within the above provision that the deputy governor shall ab inito, be an affiliate of the governor.
Having been elected into workplace, on the premise that he’s nominated by the governor, as his affiliate, does a deputy governor turn into an appendage of the governor, current on the pleasure of the governor, or a constitutional creation, half, however unbiased of the governor, though a spare product, which is used to substitute the unique, ought to it turn into incapacitated to operate?
Once more, allow us to flip to the structure. By the availability of part 186, the structure offers that: “There shall be for every state of the federation a deputy governor.”
Whereas in part 190, it says: “Every time the governor transmits to the speaker of the Home of Meeting written declaration that he’s continuing on trip or that he’s in any other case unable to discharge the capabilities of his workplace, till he transmits to the speaker of the Home of Meeting a written declaration on the contrary such capabilities shall be discharged by the deputy governor as performing governor.”
Part 191(1) of the structure adumbrates on the constitutional significance of the deputy governor, thus: “The deputy governor of a state shall maintain the workplace of governor of the state if the workplace of governor turns into vacant by purpose of loss of life, resignation, impeachment, everlasting incapacity or removing of the governor from workplace for every other purpose in accordance with part 188 or 189 of this structure.”
As many are wont to say, the deputy governor is a spare tyre, however in case you have ever been stranded on a lonely stretch of highway, and not using a spare tyre, you’ll recognize that spare tyres are of immense worth.
The significance of the above constitutional crucial had been ceaselessly ignored by governors and even presidents, a lot in order that it practically upended our fledgling constitutional democracy throughout the incapacitation of late President Umaru Yar’Adua.
Energy tasted so candy that the spouse of the late president, in cohort with a cabal within the presidency, sought to acceptable the powers of the president, when President Yar’Adua may not carry out the capabilities of his workplace, the 1999 structure be damned.
Regrettably, whereas President Yar’Adua may, he refused to obey the clear provision of part 145, of the structure, which offers mutatis mutandis, related provision as part 190, with respect to the workplace of the president.
What saved the day was the invocation of reasonableness, succinctly encapsulated because the doctrine of necessity. Since that debacle, the lawmakers have since made vital amendments to countermand the recalcitrance of a governor or president, by the provisions of part 190(2), within the Structure of the Federal Republic of Nigeria (First Alteration) Act.
Whereas wishing Governor Rotimi Akeredolu a fast and full therapeutic from the afflictions of COVID-19, the constitutional crucial is that whereas going into isolation and therapy, for a illness that has to date beguiled the medical world, he must transmit the letter envisaged by part 190 of the 1999 structure (as amended).
However he has dominated out that expectation. Curiously, whereas part 186 of the structure, declares with out equivocation that: “There shall be for every state of the federation a deputy governor” part 187(1) envisages that it’s the governor who shall nominate “his affiliate” to that prime workplace.
The gaping hole, within the structure, of what ought to occur, ought to the deputy governor, at any stage within the relationship, seize to stay an affiliate of the governor, places the structure on trial.
After all, there are a number of different aberrations within the 1999 structure, which make some commentators contemplate the doc a fraud entrusted on Nigerians, by the retreating army junta in 1999.
How would the Ondo State constitutional aberration be resolved, ought to it flip right into a debacle, for the reason that governor and his associates, see the deputy governor, as enemy of the state?