2027: Uzodimma’s senatorial bid raises legal questions

Fresh political calculations surrounding Hope Uzodimma have triggered debate within the All Progressives Congress (APC) following indications that the Imo State governor may be preparing for a return to the Senate in 2027, despite the fact that his tenure as governor does not expire until January 2028.

Uzodimma, who currently serves as Chairman of the Progressive Governors’ Forum (PGF), represented Imo West Senatorial District in the National Assembly from 2011 to 2019 before emerging as governor of Imo State.

His rise in the Senate was marked by his strong influence within the APC and his reputation as one of the party’s leading political negotiators. During his time in the Red Chamber, he built alliances across party lines and became a prominent figure in national politics.

After contesting the 2019 governorship election, Uzodimma was sworn in as governor on January 15, 2020, following a Supreme Court judgment that nullified the election of former governor Emeka Ihedioha.

He later secured re-election for a second term in November 2023, extending his stay in office until January 2028.

However, political discussions intensified recently after reports emerged that Uzodimma had obtained the APC senatorial expression of interest and nomination forms for the 2027 election, fuelling speculations about a possible return to the National Assembly.

APC stakeholders from Orlu zone, led by Austin Onyedebelu, reportedly purchased the forms on his behalf and presented the same to a delegation led by his Chief of Staff, Nnamdi Anyaehie.

The development has generated mixed reactions within political circles because Uzodimma’s second term as governor is expected to end seven months after the inauguration of the next National Assembly in June 2027.

Analysts say the situation creates a constitutional and political contradiction, as the governor cannot simultaneously complete his tenure in Douglas House and serve as senator without resigning before the expiration of his mandate.

The unfolding calculations have also intensified succession politics within the APC in Imo State, with many party insiders suggesting that any move by Uzodimma to contest the Senate seat would likely require him to hand over power earlier than expected.

In a telephone interview with BusinessDay on Tuesday, Bernard Mikko, a political scientist and former federal lawmaker, said, “We are practising a presidential system of governance. Hope Uzodinma was elected, not appointed, and he has a fixed tenure. As such, he can contest for another elective office while still serving as governor.

“However, once he wins, he must then formally resign as governor. But before then, he is legally entitled to remain in office and contest the election.”

He noted that the constitution does not permit one person to simultaneously occupy and receive remuneration for two public offices.

Mikko, a former governorship aspirant in Rivers State, distinguished elected offices from appointed positions such as ministerial appointments, where office holders are usually required to resign before seeking another position.

BusinessDay reports that Section 138 of the Constitution expressly provides that the president shall not, during his tenure, hold any other executive office or engage in any paid employment in any capacity.

Similarly, Section 183 bars a state governor from holding any other executive office or paid employment while in office.

In a telephone interview with our correspondent, Barrister Abdullahi Jalo said the legal position is clear.

Citing section 183 of the 1999 Constitution (as amended), Jalo explained that Hope Uzodimma cannot simultaneously serve as governor and senator, stressing that if he wins the senatorial election, he must resign from office before being sworn in as senator.

He added that if the governor is unwilling to resign with seven months left in his tenure, then he should forgo the senatorial race and complete his term in office.

Similarly, Martins Onovo, a former presidential candidate, told BusinessDay that the two pillars of democracy are the rule of law and the integrity of the ballot.

Onovo stressed that Nigerian politicians and citizens must comply with the Constitution, the Electoral Act and regulations issued by the Independent National Electoral Commission.

According to him, while the law permits a politician holding one office to campaign for another position, it does not allow anyone to occupy two offices simultaneously.

“Consequently, all that may be required in the case of Hope Uzodimma is for him to resign as governor before being sworn in as a senator, if he wins,” he said.

Onovo further argued that Nigeria may eventually need to address the issue of public office holders using the privileges of their positions to campaign for another office, noting that such advantages could create an uneven playing field.

“While some may consider it unfair, the law currently allows it, and everyone must operate within the provisions of the law,” he added.

Legal experts also argued that while the Constitution is silent on placeholders, the Electoral Act only provides procedures for the withdrawal and substitution of candidates.

Political observers argue that such arrangements are often risky because no agreement guarantees that a temporary senator would vacate the seat willingly, a development that could eventually trigger another election by the Independent National Electoral Commission (INEC).

The race for Imo West Senatorial District is already shaping into a high-profile political battle involving Uzodimma, the former governor, Rochas Okorocha and incumbent senator Osita Izunaso.

Within the APC, Uzodimma is also regarded as one of President Bola Tinubu’s strongest allies in the South-East, at a time the ruling party is seeking to expand its influence in the region.

His growing political profile has also fuelled speculations that the 2027 Senate move may be part of broader national ambitions beyond Imo State politics.