Akeredolu: Ondo Assembly Should Have Invoked Doctrine of Necessity, Prominent Lawyer Speaks
- Barrister Allen Sowore, an Ondo-born legal practitioner, has said going by Nigerian law, the moment the governor of a state is unavailable, the various provisions in the constitution could be explored
- Allen, one of the brothers of Omoyele Sowore, a two-time presidential candidate, said the constitution's provisions include the doctrine of necessity
- Speaking in an interview with Legit.ng, Barr. Sowore said it is unfortunate that "a very timid house of assembly” exists in Ondo state
Legit.ng journalist Ridwan Adeola Yusuf has over 6-year-experience covering politics in Nigeria
Akure, Ondo state - Barrister Allen Sowore, former special assistant on new media to ex-Ondo deputy governor, Agboola Ajayi, has said the state house of assembly should have proceeded to invoke the doctrine of necessity even without being told.
Sowore said the state lawmakers should have ignored any letter from now-late Ondo governor, Rotimi Akeredolu, as he was "incapable of signing official documents”.
Read also
Akeredolu’s death: Will Aiyedatiwa become next Ondo Governor? Here's what constitution says
Source: Twitter
Ondo: "Doctrine of necessity suitable"
The legal practitioner expressed his disappointment with the All Progressives Congress (APC-dominated) Ondo house of assembly, describing the state lawmakers as “timid”.
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Barr. Sowore told Legit.ng:
“Ordinarily, the state house of assembly should have proceeded to invoke the doctrine of necessity even without being told, disregarding any letter from the governor who is presently incapable of signing official documents.
"The time for the governor (now deceased) to transmit power to his deputy has elapsed, forfeiting that right. The best applicable approach would have been the doctrine of necessity.
"However, by operation of law, the whole idea about the creation of the office of vice president or deputy governor is to prevent a vacuum. Because nature itself abhors vacuum. If the governor and deputy governor resume in their respective offices in the morning and by afternoon the governor travels, the intention of the drafters of our law is to effect that the deputy will immediately continue with the running of government.
“So, by operation of the law, it is that moment that the governor is indisposed or unavailable that triggers the various provisions in the constitution, including the doctrine of necessity.
"It is just unfortunate that we have a very timid house of assembly.”
Aiyedatiwa freezes LG accounts
Meanwhile, newly appointed caretaker chairmen in the 18 local government areas and 33 local council development areas (LCDAs) in Ondo state are facing apprehension over the possibility of being removed by acting governor Lucky Aiyedatiwa.
Concerns escalated after Aiyedatiwa froze the accounts of the local councils, and he additionally instructed the recently established LCDA not to initiate new accounts.
'Don't take sides' - APC chieftain to Tinubu
Legit.ng also reported that the ex-deputy national publicity secretary of the APC, Yekini Nabena, advised President Bola Tinubu against taking sides or getting involved in the political crisis in Ondo state.
Nabena also urged the president, in his role as the father of the nation, to refrain from engaging in political manoeuvres in the southwest state.
Gov Akeredolu dies after prolonged illness
Meanwhile, amid the political crisis in Ondo state, Governor Akeredolu died after the prolonged illness that took him out of the country.
The governor died on Wednesday morning, December 27, 2023.
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Source: Legit.ng
