The National Vice Chairman of the All Progressives Congress, APC, South East, and APC Presidential Campaign Council South East Co-Zonal Coordinator, Dr Ijeomah Arodiogbu, has declared that there is no constitutional impediment preventing Imo State Governor, Senator Hope Uzodinma, from pursuing his senatorial aspiration for the Imo West Senatorial District in the 2027 general elections.
Reacting to persistent arguments questioning the governor’s eligibility while still serving out his second term, Arodiogbu said a proper reading of the 1999 Constitution, as amended, and relevant judicial authorities confirms that a sitting governor is not barred from contesting another elective office.
He grounded his position in Section 183 of the 1999 Constitution, which provides that: “The Governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever.”
According to Arodiogbu, this provision restrains the simultaneous occupation of two offices. It does not prohibit a governor from seeking nomination, contesting an election, or being declared winner of another elective position. The constitutional restriction only crystallises at the point of assumption of the new office.
He further cited Section 68(1)(f) of the Constitution, which states that a member of the Senate or House of Representatives shall vacate his seat if he becomes President, Vice-President, Governor, Deputy Governor or holds any other executive office.
This provision, he stated, equally recognises that a person may move from an executive office to a legislative one, provided the two offices are not held concurrently.
"There is no constitutional impediment against Senator Hope Uzodinma’s aspiration,” Arodiogbu declared. “The Constitution does not require a sitting governor to resign merely because he desires to contest another election. What it forbids is dual occupancy of offices. Should he win the senatorial election, he would resign as Governor before taking the oath of office as a Senator. That is the clear position of the law.”_
He pointed out that in interpreting Sections 66, 107, 137, 182 and 183 of the Constitution, the appellate courts have maintained that resignation is not a precondition for contesting; rather, it becomes necessary only when the successful candidate is required to assume the new office. This position aligns with the practical reality that many elected officials have previously contested higher or alternative offices while still serving out their terms.
Arodiogbu also referenced the Electoral Act, particularly the provisions dealing with qualification and disqualification of candidates, noting that none of them imposes a blanket ban on a sitting governor from participating in a senatorial election.
The critical constitutional and statutory requirement remains that a person cannot validly occupy both the office of Governor and that of a Senator at the same time.
He emphasised that Governor Uzodinma’s current tenure, which runs until January 2028, creates no legal disability with respect to the 2027 senatorial election. Any necessary transition would be effected in accordance with the Constitution once the new National Assembly is inaugurated.
“The law is clear, the Constitution is clear, and the judicial authorities support this position,” Arodiogbu stated.
“Those peddling the contrary view are either deliberately misinterpreting the Constitution or attempting to create political distraction. Senator Hope Uzodinma remains free to pursue his legitimate political aspiration without any constitutional disability.”
He reaffirmed the APC’s support for the governor as the party’s candidate for Imo West and urged party members and the public to disregard speculative legal arguments designed to undermine the party’s internal democratic process.
Arodiogbu concluded by stressing that the constitution protects the right of every qualified Nigerian, including a sitting governor, to aspire to higher or alternative public office, subject only to the clear requirement that no two offices may be held simultaneously.
2027 senatorial seat: No constitutional impediment against Uzodimma- APC chieftain