A legal practitioner, Vincent Adodo Esq., has accused the Governor of Ondo State, Lucky Orimisan Aiyedatiwa, of breaching the Nigerian Constitution by failing to appoint a full slate of commissioners more than 60 days after he was sworn in for a new term of office.
In a legal opinion titled “Inchoate Constitution of the Ondo State Executive Council More Than Sixty Days After Governor Lucky Orimisan Aiyedatiwa’s Inauguration: Implications for Constitutional Compliance and Inclusive Governance”, Adodo raised the alarm over what he called a “yawning gap” in the state’s governance structure.
Aiyedatiwa, who was sworn in on February 24, 2025, following months of political chaos and the eventual death of former Governor Rotimi Akeredolu, has only appointed two commissioners so far, Dr. Olukayode Ajulo, SAN, OON as Attorney-General and Mrs. Omowunmi Isaac as Commissioner for Finance, leaving several key sectors like education, health, works, agriculture, women affairs, and youth development without representation or direction.
“More than sixty days after his swearing-in, the status quo remains, leaving a yawning gap in the constitutional requirement for lawful and inclusive governance,” Adodo stated.
Citing Section 192(6)(a) of the 1999 Constitution (as amended), Adodo noted that the law mandates governors to submit names of commissioner nominees within 60 days of taking the oath of office.
“In the aftermath of the inordinate delay by former President Muhammadu Buhari to constitute the Federal Executive Council in 2015 and in a bid to forestall a repeat of such an aberration… the National Assembly amended the Constitution to mandate the President and Governors to nominate their Ministers and Commissioners within a specific period,” he explained.
While commending Aiyedatiwa for the prompt nomination of two commissioners immediately after his swearing-in, Adodo insisted that the appointments fell far short of constitutional expectations.
“Although Section 192 (1) of the 1999 Constitution grants to a State Governor the discretion to establish offices of commissioners, that discretion is not absolute,” he said. “Section 192 (2) prescribes that the Governor in appointing commissioners must ensure that the appointments reflect the diversity in the State in conformity with Section 14 (4) of the same Constitution.”
The lawyer added that a two-member Executive Council could not satisfy the constitutional requirement for inclusive governance in a multi-ethnic state like Ondo.
“It then begs the question whether only two commissioners can validly constitute the State Executive Council in view of the provisions of Sections 192 (2) and 14 (4) which mandate the Governor to ensure the appointment of commissioners reflects the diversity of the State and gives the people across board a sense of belonging,” he argued.
Adodo further dismissed suggestions that the appointment of special advisers and senior assistants could substitute for a full cabinet.
“The neglect/delay in the appointment of Commissioners cannot be remedied by the appointment of other political appointees such as special advisers and senior special assistants,” he said. “These appointees lack any specific constitutional role in the administration of the affairs of the State.”
He pointed to Section 193 (2) of the Constitution, which mandates commissioners to regularly meet with the Governor and Deputy Governor to determine the general direction of state policies — a function political aides are not empowered to perform.
“The current Ondo State Executive Council as presently constituted exists in serious breach of the provisions of Sections 192 (2), (6)(a), and 14 (4) of the 1999 Constitution,” he concluded.
Adodo urged Governor Aiyedatiwa to immediately nominate and present the full complement of commissioners to the Ondo State House of Assembly, ensuring representation from at least the nine federal constituencies in the state.
“It is hoped that in no distant time, the Governor would take conscientious steps to remedy and rectify this fundamental constitutional defect by taking refuge under the proviso to Section 192(6)(a),” he added.