Indications have emerged that the Ondo state governor, Dr Lucky Aiyedatiwa, has commenced discreet moves to lobby the National Assembly members for the amendment of Section 183(3) of the 1999 Constitution of the Federal Republic of Nigeria (Fourth Alteration, No. 16) Act, 2017.
Recall that the law, which came into effect on June 1, 2019, during the administration of former President Muhammadu Buhari, stipulates that a person who assumes the office of governor complete the tenure of an elected governor due to death, resignation, impeachment, or permanent incapacity, is only eligible to be elected to that office for one additional term of four years.
Sources within the state government told Vanguard in Akure, the state capital that the lobby of the National Assembly was one leg of the deft political moves by the governor to avoid being caught up by the provisions of the amended section of the Constitution.
An associate of the governor, confided in Vanguard that not less than six Senior Advocates have been consulted to approach the Supreme Court for further interpretation of the Constitution in respect of the subject matter.
Based on this Constitutional provision, Aiyedatiwa, who became governor on December 27, 2023, following the death of his predecessor, Arakunrin Oluwarotimi Akeredolu, SAN, is entitled to only one additional term. That term commenced on February 25, 2025, following his victory in the November 2024 governorship election.
However, political observers have noted that barely three months into his tenure, following the February swearing-in, Aiyedatiwa’s supporters have begun campaigning on social media for his re-election in 2028.
Recall that a few weeks ago, one of the Governor’s Senior Special Assistants, Mr Kehinde Akinrotoye, shared an opinion article written by one Shola Elekan, which argued that Aiyedatiwa remains eligible to contest in the 2028 governorship election in the state.
Elekan said that Aiyedatiwa, who was sworn in as Deputy Governor alongside the late Governor Akeredolu on February 25, 2021, is still qualified to seek re-election in 2028, despite assuming the office of governor on December 27, 2023.
He backed his argument with Section 182(1)(b) of the Constitution, which provides: “No person shall be qualified for election to the office of Governor of a State if he has been elected to such office at any two previous elections.”
Elekan, who also referenced some judicial precedents, argued that Aiyedatiwa did not emerge through an election in 2023 and that the first time he would be elected as governor would be in the November 2024 election.
According to him ” by the Constitution, he said Aiyedatiwa should be eligible for a second term.
A top aide to the governor and a Chieftain of the ruling party in the state, confirmed to vanguard, the ongoing efforts to lobby the National Assembly to amend Section 183(3) of the 1999 Constitution.
According to him “Well, it’s too early to publicly discuss the 2028 governorship election when we just concluded the 2024 poll.
“However, that doesn’t mean that behind-the-scene work is not ongoing ahead of 2028.
“In politics, it’s all about give and take. Two weeks ago, one of the Governor’s nominees for the South West Development Commission (SWDC) board, Razak Obe, was reportedly replaced with Joshua Olufehinti by some influential senators.
Vanguard gathered from the source that as part of the deal that made Aiyedatiwa to capitulate in respect of the loss suffered regarding Obe’s nomination, he was said to have approached a ranking senator amongst the leadership of the upper chamber to assist in lobbying lawmakers to effect a possible Constitutional Amendment.
The source said that the governor’s move should not be seen as being desperate or for personal gain, but for political stability in the state
According to him “In Ondo State, there is an unwritten arrangement to rotate the governorship among the three senatorial districts.
“Between 2009 and 2017, former Governor Olusegun Mimiko, from Ondo Central, served eight years.
“He was succeeded by Akeredolu from Ondo North, who, but for his death, would have completed another eight-year cycle in February 2025.
“When former Deputy Governor Agboola Ajayi from Ondo South contested against Akeredolu in 2020, the people of Ondo South rejected him, believing it was not yet their turn. Ajayi lost all six local government areas in the district.
“If this section of the Constitution is not amended, it could deprive Ondo South of the chance to produce a governor for a full eight years.
“Electing another person from the South in 2028, other than Aiyedatiwa might lead to rejection by other districts, as it would mean the South would hold power for 12 years.
Meanwhile, a legal practitioner, Barrister Wale Legbon Odusola, has dismissed the calls for Aiyedatiwa’s re-election in 2028, describing those behind the push as political jobbers.
Odusola criticized Elekan’s legal interpretation, arguing that it is intended to distract the governor from his duties.
“As far as the current Constitution is concerned, Mr Aiyedatiwa cannot contest again unless there is an amendment. Section 183(3) of the 1999 Constitution, as amended, addresses this issue. It clearly states:
“A person who was sworn in as Governor to complete the term for which another person was elected as Governor shall not be elected to such office for more than a single term.’
“This provision was added to the Constitution in 2018 as Act No. 10 and was signed into law by President Muhammadu Buhari. All the precedents cited by the writer refer to the old law. Let us be properly guided.
He appealed to the governor “to remain focused on his assignment and not be distracted by political jobbers.
Efforts to speak with the state Attorney General and Justice Commissioner Kayode Ajulo, on the latest developments proved abortive.
But an aide to Aiyedatiwa, neither denied nor confirm the latest move of the governor.
According to him ” what’s all these noise about another term for the governor, to when we get to the river, we will know how to cross it.
” It’s too early to start talking about this please, they should stop distracting the governor.
He added that ” When the governor finished his four years, then we will know what next to do. They should just relax and wait as events unfold.
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