Lagos- Some Lagos-based constitutional lawyers have described as illegal and unconstitutional, the handover by Gov. Ikedi Ohakim of Imo State to the governor-elect, Chief Rochas Okorocha.
Ohakim handed over the government to Okorocha on Friday, barely two days to the May 29 official handover date.
Prof. Itse Sagay in Lagos said that “the governor- elect has to take an oath of office to be legally recognised as the Imo State governor.’’
Sagay argued that even if the governor had resigned, the governor-elect cannot assume duties until May 29 after he had been sworn in.
In his views, Mr Fred Agbaje described the handover is an affront on the nation’s constitution.
“The constitution is clear as to when the four-year tenure of a governor terminates – which is May 29.
“What they have is a gentleman’s handover which is not recognised by the constitution,’’ Agbaje explained.
“Handing over to a man who has not been legitimately sworn in was shadow boxing. Swearing in confers legitimacy on the governor-elect and until then he cannot give any directive officially in the state.’’
Also speaking, Prof. Taiwo Osipitan said the governor- elect cannot function in office until he is officially sworn in on May 29.
The Constitution, he noted, states that a governor-elect cannot function in office before the swearing-in.
He said the handover might have been done because the incumbent was probably in a hurry to leave office, noting that it “ has no recognition of the law’’. (NAN)
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Constitutional lawyers fault Ohakim’s Friday handover