A civil society group, Incorporated Trustee of Liberate Foundation International and some public spirited individuals have dragged the Speaker of Ondo State House of Assembly and all the cabinet members of the Arakunrin Akeredolu- led administration to court over the prolonged absence of the Governor.
The Originating Motion filed at the state high court on 22nd November, 2023, seeks the following reliefs.
AN ORDER OF MANDAMUS pursuant to Section 189 (1) paragraph (a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), compelling the 3rd to 22nd Respondents to pass a resolution or move a motion supported by two-thirds majority of its members (Ondo State Executive Council) to declare the Governor of Ondo State, Mr. Oluwarotimi Odunayo Akeredolu, SAN incapable of discharging the functions of his office on the ground of serious ill health having been absent from office since 17th May, 2023 till date without no particular date of his return to office in sight.
AN ORDER OF MANDAMUS pursuant to Section 189 (4) paragraphs (a & b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),compelling the 1st and 2nd Respondent to set up and/or appoint a medical panel of five (5) members, one of whom shall be the personal physician of the Governor of Ondo State for the purpose of verifying the declaration of permanent incapacity of Mr. Oluwarotimi Odunayo Akeredolu, Governor of Ondo State to discharge the functions of his office on the ground of serious ill health made by the 1st Respondent in their resolution or motion.
AN ORDER OF MANDAMUS compelling the 1st and 2nd Defendants to pass or cause to be passed a resolution or motion mandating the Ondo State Governor, Oluwarotimi Odunayo Akeredolu to make full disclosure regarding the state of his health to the 3rd to 22nd Respondents and grant access to his medical records to the 3rd to 22nd Respondents to enable it act appropriately in accordance with the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
AN ORDER OF MANDAMUS compelling the 3rd Respondent who is the Deputy Governor of Ondo State and who ran on the same ticket with the Governor and was elected along with the Governor to call the State Executive Council meeting in the absence of the Governor to ensure compliance with and activate the provisions of Section 189(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) by passing the State Executive Committee resolution declaring that the Governor is incapable of discharging the functions of his office.
AN ORDER OF MANDAMUS compelling the 4th Respondent as the Chief Law Officer of Ondo State to see to the full compliance to the provisions of Section 189 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) by the Respondents in terms of passing the State Executive Committee resolution or motion by the Speaker and the Ondo State House of Assembly and setting up of the medical panel by the 1st and 2nd Respondents respectively.
ALTERNATIVELYAN ORDER OF MANDAMUS pursuant to Section 190 (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), compelling the 1st and 2nd Respondent to pass or cause to be passed a resolution or motion by a simple majority of the vote of the Members of Ondo State House of Assembly, mandating the Deputy Governor of Ondo State, Mr. Orimisan Aiyedatiwa to perform the functions of the office of the Governor as Acting Governor of Ondo State, the Governor of Ondo State, Mr. Oluwarotimi Odunayo Akeredolu, having failed to formally hand over gubernatorial powers of Ondo State to his Deputy, Mr. Orimisan Aiyedatiwa after being absent from office since 17th May, 2023 and from 5th September, 2023 till date.
