Fact Check: Did President Tinubu Approve ‘’Doctrine of Necessity’ for the Removal of Gov Akeredolu of Ondo?

Fact Check: Did President Tinubu Approve ‘’Doctrine of Necessity’ for the Removal of Gov Akeredolu of Ondo?

Claims: The online media is suddenly agog with the news that President Bola Ahmed Tinubu approved the removal of the recuperating governor of Ondo State, Rotimi Akeredolu over his inability to continue as governor of the state due to his controversial state of health.

Full Text: According to the report by an online media platform the president approved the removal of Akeredolu by invoking the “doctrine of necessity.” 

The story was captioned as follows “Tinubu Approves Akeredolu’s Removal, Declaration of Deputy as Ondo Acting Governor”, and had the following text which read in part, “President Tinubu, along with other All Progressives Congress (APC) leaders, has agreed to invoke the doctrine of necessity to appoint embattled Deputy Governor Lucky Aiyedatiwa as acting governor, effectively resolving the five-month-long crisis in the state. The decision was reached during a closed-door meeting held at the Presidential Villa in Abuja on Friday.”

The news report followed by reactions from the online community. A certain user who identifies as Great Abdul reads, “person no feel fine. e still wan they govern from sick bed.why are our Leaders very selfish.”

Another user Adebisi Gbenga said, “Our president tap from Solomon wisdom,may God protect him always in Jesus name,” while another user Augustus Ogbuka said “l am not a fan of Tinubu but that is the right thing to do.”

The story had at the time 384 top comments on the online news platform.

Background

The recent crisis in Ondo State arose from governor Rotimi Akeredolu’s prolonged recuperation leading to a public outcry and call for his immediate resignation. Notable among those calling for his resignation a former Presidential candidate and acclaimed activist, Omoyele Sowore, who is also the publisher of Sahara Reporters. The State Chapter of the Peoples Democratic Party (PDP), equally questioned the governor’s resolve to remain at his private residence in Ibadan after his return from overseas for treatment.

Recall that governor Akeredolu, early June this year went on a 21-day medical leave abroad for treatment after a protracted ailment.

Upon his return, the governor is yet to set foot in Akure, the state capital, instead, he is staying at his personal residence in Ibadan.

The governor returned to the country in September, 2023, after almost 4 months in Germany for treatment for an undisclosed ailment. He had since his return been carrying out his official duties from his homein Ibadan, Oyo State. The situation has displeased many, particularly from the opposition camp as they doubt his ability to lead the State in full capacity.

While the First Lady, Betty Anyanwu-Akeredolu, has been accused of pulling the strings on state functions, Akeredolu and his deputy, Aiyedatiwa have been at loggerhead over the forthcoming 2024 governorship election in the state.

Verification: While the media had different versions of the reports including  “Tinubu Approves Akeredolu’s Removal, Paves Way For Aiyedatiwa As Ondo Acting…” and “JUST-IN: Tinubu Wades Into Akeredolu, Aiyedatiwa Feud As Lawmakers Shun Ondo Assembly,” a report in the Guardian that “Tinubu, stakeholders agree on doctrine of necessity to oust Akeredolu..” creates more curiosities.

According to the report in the Guardian, “the five-month political impasse in Ondo State over the absence of Governor Rotimi Akeredolu SAN, may soon come to an end as President Bola Ahmed Tinubu and other critical stakeholders in the ruling All Progressives Congress (APC), yesterday, agreed to invoke the principle of necessity to proclaim the embattled deputy governor, Lucky Aiyedatiwa as acting governor of the state. The President yesterday met with some Akeredolu’s cabinet members and Ondo State lawmakers at the Presidential Villa, Abuja, where they took the decision…”

Doctrine of Necessity

The doctrine of necessity according to Wikipedia “is the basis on which extraordinary actions by administrative authority, which are designed to restore order or uphold fundamental constitutional principles, are considered to be lawful even if such an action contravenes established laws….”

This principle of “doctrine of necessity” was was first applied on 10 January, 2010 when the former Senate President, David Mark was visited by concern Nigerians to wade into the situation of the state of health of the late president Umoru Yar’Adua and his capabilities to continue as president of Nigeria while he was away on medical treatment abroad, the matter that almost rocked the foundation of this country. 

The former Senate President, with the federal lawmakers consulted the former Chief justice of the Federation, S.B.Belgore on the legality of making ex-president Jonathan, who was the vice president at the time, as acting president. Justice Belgore said “the constitution recognized the doctrine of necessity”, which he advised the Senate to apply to salvage the situation at hand; even though justice Abutu’s rulings expressly stated that the principle could not solve the problem.

However, it was not a sitting president that applied this emergency doctrine, it was the lawmakers and this didn’t apply to the state at the time.

Nonetheless, governor Akeredolu, according to report, was the President of the Nigerian Bar Association during the sickness of Umar Musa Yar’Adua, and was very vocal in the call for the resignation of the then-president over his health.

“No matter how much you love your country, it should not be at the detriment of your health. It is not your party or your wife that will decide whether you are capable of handling state matters; it is only your doctors that can decide that. The bar is not asking the president not to come back and take his seat, but the right thing must be done,” Akeredolu had said in 2010.

Does the President have the Power to Remove a Governor?

But the question remains, does the president have the power to remove the governor of a state?

Interestingly, besides the application of the doctrine of necessity which the constitution recognizes and permits, if the need arises. 

The only constitutional means in which a sitting governor can be removed from office is, according to legal experts, in the case of health challenges, “the first move to remove the governor must start from the commissioners, who have the power to declare that the governor is incapacitated.”

Rasheed Bakare, a legal practitioner in Abuja, explained that Section 189 of the 1999 constitution provides the steps to be taken before a governor or deputy governor can be declared incapacitated to continue in that office.

According to section 189 of the Nigerian Constitution, only the commissioners of Ondo State can trigger the process of declaring Mr Akeredolu incapacitated.

The first step is that 2/3 of the state executive council must resolve that the Governor is incapacitated to continue in office.

189. (1) The Governor or Deputy Governor of a State shall cease to hold office if, by a resolution passed by a two-thirds majority of all 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,” the constitution reads in part.

After the resolution by the body of commissioners, the constitution provides that the speaker must set up a panel to examine the health status of the governor.

The medical panel must comprise five medical practitioners, including the physician of the governor. The panel must determine that the “Governor or 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.”

These constitutional provisions didn’t give the president the power to remove a state governor under any circumstances.

Nevertheless, contrary to the widely circulated claims by some media platforms, a press statement released during the week by the Special Adviser to the President⁣, Media and Publicity, Chief Ajuri Ngelale⁣, clarified that President Tinubu only “advised all opposing parties to bury the hatchet and embrace peace, eliciting commitments to this effect.”

It further emphasised that, “this means that Governor Akeredolu remains Chief Executive of the State, Aiyedatiwa remains Deputy Governor, and members of the State Executive Council continue their respective duties, even as the leadership of the State’s House of Assembly and the APC Chapter in Ondo State is preserved.⁣..”

The Deputy Governor also pledged to maintain status quo, embarce everyone and also put behind all that has happened as advised by President Tinubu. 

As calls to declare Mr Akeredolu incapacitated, 33 out of the 35 State Executive Council members passed a vote of confidence on the ailing governor and declared their loyalty to him.

Only the Commissioner for Energy and Mineral Resources, Razak Obe, and the Commissioner for Commerce, Industry, and Cooperative Services, Akin Sowore did not sign the document.

Conclusion: findings by PRNigeria fact-check reveal as follows: 

Besides the “doctrine of necessity” which is rarely invoked, the president doesn’t not have the constitutional powers to remove the governor of a state.

The removal of a state governor is the exclusive power of the state house of assembly based on the dictates of the constitution and the circumstances.

Also, president Tinubu’s intervention – which is based on part affiliation – was to reconcile warring parties in the ongoing crisis in Ondo State. 

The doctrine of necessity was not even part of the discussion with the President. 

33 out of the 35 State Executive Council members passed a vote of confidence on the ailing governor and declared their loyalty to him.

PRNigeria therefore concludes that the reports that President Tinubu approved the removal of the recuperating governor of Ondo State, Rotimi Akeredolu over his inability to continue as governor of the state due to his state of health is Misleading.

By PRNigeria