— Lawyers disagree

—Controversy trails campaign

By Dayo Johnson, Akure

Ahead of the 2027 governorship election in Ondo state, the campaign to elongate the tenure of the incumbent governor, Dr Lucky Aiyedatiwa, has kicked off.

A lawyer, who is in supporter of another term for Aiyedatiwa, Barrister Shola Elekan, weekend, adduced opinion on the eligibility of Aiyedatiwa to contest another term under the 1999 constitution and the electoral act 2022.

Elekan, said that “Governor Aiyedatiwa was elected as Deputy Governor in 2020 alongside the late Governor Rotimi Akeredolu, SAN.He succeeded as Governor in 2023 upon Akeredolu’s death, by operation of Section 191(1) of the 1999 Constitution;

“In 2024, he contested and won the gubernatorial election; He now seeks to contest for a second full elected term in the upcoming 2025/2026 election cycle.

“The legal question is whether this ambition violates Section 182(1)(b) of the 1999 Constitution or any provision of the Electoral Act 2022.

“It is my firm legal conclusion that Governor Aiyedatiwa is fully eligible to contest for another term under extant constitutional and statutory provisions.

“The pivotal constitutional provision is: Section 182(1)(b) of the 1999 Constitution (as amended):“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.

“This clause restricts eligibility to individuals elected twice as governor—whether consecutively or not.

” It does not restrict persons who have assumed office through constitutional succession, nor does it count election as Deputy Governor toward the two-term limit.

“Let us break this down with reference to Aiyedatiwa’s career trajectory:Elected as Deputy Governor (2020). He was elected to the office of Deputy Governor, which is constitutionally distinct from the office of Governor.

” Election as Deputy Governor does not count as one of the two elections referenced in Section 182(1)(b).

” Succession as Governor (2023):  Upon the unfortunate demise of Governor Akeredolu, Aiyedatiwa assumed office not by election, but by virtue of Section 191(1):“The Deputy Governor of a State shall hold the office of Governor if the office of Governor becomes vacant by reason of death, resignation, impeachment, permanent incapacity or removal.”

“This form of ascension is automatic and constitutional, not electoral, and therefore does not trigger the two-term limit.

“First Elected Term (2024):  Aiyedatiwa contested and won the gubernatorial election in 2024. This is his first election as Governor under Section 182(1)(b).

“Proposed Second Term (2025/2026): Since he has been elected only once, the Constitution entitles him to one more election, completing the permissible two elected terms.

“The Electoral Act 2022, enacted by the National Assembly, governs electoral procedures and conduct, but cannot override or expand upon the express provisions of the Constitution.

“Section 1(3), 1999 Constitution: “If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.”

“The Electoral Act does not redefine what qualifies as an “election” to the office of Governor. Nor does it include constitutional succession as an “election.” Therefore, any interpretation suggesting Governor Aiyedatiwa is ineligible fails constitutionally.

Citing judicial precedent, he said that “Attorney General of Abia State v. Attorney General of the Federation (2002) 6 NWLR (Pt. 763) 264 held that no legislation can contradict or modify the Constitution, and any such attempt is void.

“INEC v. Musa (2003) 3 NWLR (Pt. 806) 72. The Supreme Court ruled that no body, including INEC or the legislature, can add to the constitutional qualifications for public office.

“Goodluck Jonathan Precedent (2015) President Jonathan succeeded President Yar’Adua via constitutional succession, contested one election (2011), and was cleared to contest again in 2015.

“The reasoning was that succession is not “election” under Section 137(1)(b), the presidential equivalent of Section 182(1)(b).

He concluded that “Being elected Deputy Governor does not count toward the gubernatorial term limit; Succession under Section 191(1) is not an election and does not count as one.

That “Governor Lucky Aiyedatiwa has only been elected once to the office of Governor;He is constitutionally permitted to run for one more elected term.

“The Electoral Act 2022 does not and cannot override Section 182(1)(b) of the Constitution;Judicial authorities, including the Sylva case, support this interpretation.

Elekan declared that “Governor Lucky Aiyedatiwa is constitutionally, legally, and electorally eligible to contest for another term in office. Any contrary view is untenable in law and liable to judicial nullification.

But, another lawyer, Barrister, Wale Legbon Odusola, disagreed, describing those clamouring for Aiyedatiwa’s second term as political jobbers.

Odusola, said that Elekan submission and quotation of constitutional provisions that permits Ayedatiwa to run for another term in office, was to distract him.

According to him ” As far as this present constitution is concerned, Mr. Ayedatiwa cannot contest again except the constitution is amended

According to him “Section 182 (3) of the 1999 Constitution as amended has cured the mischief in the write-up. The section provides: “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 section was inserted into the Constitution in 2018 as Act 2018 ( No. 10) and signed into law by President Muhammadu Buhari.

“All the precedents cited by the writer refer to the old law. Please let us be properly guided.

“I appeal to Mr Governor to be focused on his assignment and refused to be distracted by this political jobbers.

Also, commenting on another term for governor Aiyedatiwa,  a public analyst, Asiwaju Ayowole Ademoyegun, under the aegis of Dynamics of Good Governance, described the campaign by the governors supporters as premature.

Ademoyegun, said that ” the premature campaign for the Governor’s second term bid is a distraction. With a new mandate barely three months old, the focus should be on addressing the state’s pressing needs, such as social and economic development, infrastructure improvement, and administrative challenges.

He advised that “Governor Aiyedatiwa should prioritize governance over politics and sycophancy, focusing on delivering meaningful results that will leave a lasting legacy.

“Emulating the exemplary leadership of Adekunle Ajasin, known for his commitment to development and good governance, could be a great starting point. By doing so, the Governor can ensure his administration’s impact is felt for generations to come.