What Are The Implications Of The Extension Of Governor Akeredolu's Medical Leave ?, Allen Sowore Esq.

What Are  The Implications Of The Extension Of  Governor Akeredolu's Medical Leave ?, Allen Sowore Esq. 

By Ayekooto

On 10th  July, 2023,  the Speaker of the Ondo State House of Assembly,  Rt Honourable Olamide Oladeji  disclosed that Governor Akeredolu forwarded a letter of extension of his  medical leave in line with section 190 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

 In the said letter, Mr Governor again restated that his Deputy, Mr. Lucky Aiyedatiwa, would continue to act as Governor until a written declaration to the contrary is made.

 However,  this time, there is no specific date when the governor will resume duty unlike the first letter which put July 7th as the resumption date. 

Similar scenario played out on 26th May 2023, when Mr Governor had to extend his resumption date from 26th May to 1st April, 2023, in a statement by the Chief Press Secretary, Richard Olatunde  titled " Clarification on Governor Akeredolu Resumption From Annual Leave" . 

The Governor barely resumed early April,  unfortunately this time he had to take a proper sick leave to attend to his health abroad asking his deputy to act in his behalf. 

Now, many questions are propping up as to what exactly is the situation in the state and the legal implications of these recent developments. 

First and most important is for all of  us to continue to pray for the complete restoration of the governor's health so that he can resume his normal duty. 

Contrary to the erroneous belief of some overzealous sycophants. An average politician in the state will ordinarily pray for Mr Governor,  because they simply do not want the existing political order and permutations to abruptly change. I attended a Church in Abuja - Stream of Joy International. 

Their slogan is what God can not do does not exist. 

Is there a limitation to the power and authority of an Acting Governor ? 

The answer is capital NO. Section 190 of the Constitution provides the answer

" Whenever the Governor transmits to the Speaker of the House of Assembly a written declaration that he is proceeding on vacation or that he is otherwise unable to discharge the functions of his office, until he transmits to the Speaker of the House of Assembly a written declaration to the contrary such FUNCTIONS SHALL BE DISCHARGED BY THE DEPUTY GOVERNOR AS "ACTING GOVERNOR" 

Can the Governor continue to exercise the same power he has transmitted to his deputy ? No. 

He has transmitted all power and authority bestowed on him by virtue of section 176 of the Constitution to his deputy pending the time he will transmit another letter to the contrary. 

Can the Acting Governor sub delegate the power transmitted to him through the proclamation to the State House of Assembly by the Governor  ? 

No. It is trite law that anyone to whom power is delegated cannot himself further sub delegate that power. This principle is espoused in the Latin maxim "Delegatus  non potest delegari" The Deputy Governor is therefore estopped from sub delegating the power and authority transmitted to him. Of course, anybody can represent Oluwarotimi Akeredolu SAN CON as a private person. 

However, as it is now, only the Acting Governor can represent, act and indeed exercise the powers of the Governor of Ondo state. 

How long can the Governor be away from his duty ? Mr Governor should be commended for doing the right thing - transmitting power to his deputy. This is a health matter and he is not the one treating himself. Doctors treat and God heals.

 He therefore can be away to patiently attend to his health since the Constitution does not number days a governor that has transmitted power can stay away from his duty. 

Impliedly, two Offices are put in ambience in the state - Governor and Deputy Governor's offices. Only the Acting Governor is activated. It's now the highest singular authority to defer to in strict state matters. 

The alarming situation the National Chairman of All Progressives Congress (APC), Senator Abdullahi Adamu, painted which is also enshrined in section 189 of the Constitution may not apply. 

The  Legislative arm of government in Nigeria are still largely marginalized and reactive. More so, dishonesty in public life is still a big issue. 

Lately, the Acting Governor  issued a statement assuring that there would be no gap in governance - that sounds promissory ! 

But what about an action ? What about reintroducing  the Free School Shuttle Bus Scheme  ? What about a better waste management system ? May God heal our land.