TheCable

Omoyele Sowore, the presidential candidate of the African Action Congress (AAC) in the last elections, has asked the Ondo house of assembly to invoke the doctrine of necessity against Rotimi Akeredolu, governor of the state. 

Sowore said the ailing governor did not sign or write any letter transmitting power to Lucky Aiyedatiwa, his deputy.

Speaking at a town hall meeting in Akure, the state capital, on Saturday, the activist asked the state house of assembly to show residents the letter “purportedly” written by the governor for medical leave.

Sowore argued that since Akeredolu is incapable of writing a letter to resign or hand over power to his deputy, he should be relieved of his position.

“It is too late for Akeredolu to resign. He is incapacitated. Let him go home and take care of himself,” Sowore said.

“I’m no longer demanding his resignation because it is clear that he is incapable of even resigning.

“We are not satisfied with the way and manner he handled the power. We want the proper invocation of the doctrine of necessity so that Akeredolu can go home and take care of himself.”

BACKGROUND

On Wednesday, the Ondo house of assembly finally declared Aiyedatiwa as the acting governor of the state.

The assembly took the decision after it received the medical leave notification letter from Akeredolu.

Over the past few weeks, there has been pressure on Akeredolu to resign or hand over power to his deputy amid his continued absence from the state.

Akeredolu has been absent from Ondo since June on health grounds.

WHAT IS DOCTRINE OF NECESSITY?

Doctrine of necessity is the application of certain principles or actions to forestall order in a particular situation even when such principles do not align with the stipulated laws.

In 2010, the senate invoked the doctrine of necessity to declare Goodluck Jonathan as the acting president when the then President, Umaru Yar’Adua failed to transmit power when he went on prolonged medical vacation.

The prolonged absence of Yar’Adua and his failure to hand over power to Jonathan created a vacuum in the leadership of the country.

Although the 1999 constitution (as amended) stipulates that the president should transmit a letter to the senate when proceeding on vacation, the law did not state what should be done if the president fails to do so.

Hence, the need for the invocation of the doctrine of necessity to declare Jonathan as the acting president.

In Akeredolu’s situation, Sowore is insinuating that since the ailing governor is not capable of writing or signing a letter to announce his medical vacation, doctrine of necessity should be invoked to remove him from office.