Rédaction Africa Links 24 with Guardian Nigeria
Published on 2024-01-29 04:18:48
The failure of presidents and governors to transmit power to their deputies when they are indisposed is a dilemma that has been faced by the Nigerian legislature since 1999.
When Governor Rotimi Akeredolu of Ondo State died on December 27, 2023, after months of illness, it brought back the issue of the doctrine of necessity and the struggle for political power retention.
The doctrine of necessity allows administrative authority to take extraordinary actions to restore order or uphold fundamental constitutional principles.
This doctrine was first applied in 2010 when former President Umaru Yar’Adua was ill and unable to perform his constitutional role. Yar’Adua eventually died, and his Vice President, Goodluck Jonathan, took over after initially acting as president.
Similar situations have occurred in other parts of Nigeria. In 2015, former Governor Danbaba Suntai of Taraba State did not transfer power to his deputy after sustaining brain damage in a plane crash.
The resulting power struggle in Ondo State before Akeredolu’s death led to calls to re-examine the Constitution’s provisions regarding power transmission when an elected executive is incapacitated.
Critics have expressed concerns about the failure of lawmakers at both the federal and state levels to take decisive action to ensure good governance.
They have cited instances where loyalists to the incapacitated leaders have created obstacles to the transfer of power to their deputies.
In the case of Akeredolu, his wife Betty Anyanwu-Akeredolu was accused of not only trying to usurp the former governor’s power but also of concealing the true state of Akeredolu’s health from the people of Ondo and Nigerians at large.
The scenario surrounding these circumstances has raised concerns about preventing similar occurrences in the future.
Nigerians are worried about the constitutionality of allowing power struggles to take precedent over the proper transfer of power in these situations.
It remains crucial to uphold the Constitution’s provisions regarding power transmission when an elected official is incapacitated to ensure the continuity of good governance.
