Fresh political calculations surrounding Governor Hope Uzodimma of Imo State have stirred debate within the All Progressives Congress (APC) after he secured the party’s senatorial ticket for Imo West ahead of the 2027 general elections, in a development that has raised constitutional questions about whether the governor can simultaneously hold the offices of state governor and senator if he wins the 2027 senatorial election.
The legal question now confronting the Imo Governor and indeed the political class — is straightforward: can a sitting state governor whose tenure runs beyond the inauguration date of the next National Assembly contest and be sworn in as senator without first vacating the governorship? Legal experts and former federal lawmakers consulted by BusinessDay have given a clear answer rooted in Section 183 of the 1999 Constitution (as amended).
Other governors who have also clinched APC senatorial tickets for the 2027 polls include AbdulRahman AbdulRazaq for Kwara Central, Mai Mala Buni for Yobe East, Abdullahi Sule for Nasarawa North, Ahmadu Fintiri for Adamawa North, Dapo Abiodun for Ogun East, and Inuwa Yahaya for Gombe North.
However, Uzodimma’s case appears different. Unlike the other governors whose tenures will end in 2027, his second term as Imo governor will not expire until January 2028, raising fresh questions and political intrigue over the calculations behind his move.
Uzodimma, who currently serves as Chairman of the Progressive Governors’ Forum (PGF), represented Imo West in the National Assembly from 2011 to 2019 before emerging governor of the 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 judgement 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.
Political discussions intensified after he won the party’s senatorial poll held on Monday. 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 11th Senate 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, 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.
Section 183 of the 1999 Constitution (as amended) bars a state governor from holding any other executive office or paid employment while in office.
In a telephone interview with our correspondent, Abdullahi Jalo, Esq 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 (INEC).
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.
A further legal question that has arisen is whether the Electoral Act 2026, recently signed into law, alters the constitutional position on the simultaneous holding of two public offices. The answer, based on settled constitutional principles, is no.
The Electoral Act 2026 does not appear to change the basic constitutional rule for this issue. The important point remains that the Act regulates elections and timelines, but it does not override Section 183 of the Constitution, which stops a governor from holding another executive office or paid public employment at the same time.
So, on Uzodimma’s Senate ticket: the Electoral Act 2026 may govern how and when he contests, but it does not allow him to be governor and senator simultaneously. The practical effect is still the same he may contest, but if he wins and is to be sworn in as senator, he must resign as governor before assuming that seat.
A concise legal summary of the position is as follows:
“The Electoral Act 2026 regulates the electoral process, but it does not displace Section 183 of the Constitution. So Uzodimma may contest for Senate, but he cannot occupy both offices at once; if elected senator, he must resign as governor before swearing-in.”
Distilling the constitutional position from the views of Mikko, Jalo, Onovo and the express language of Section 183 of the 1999 Constitution (as amended), the legal position can be summarised as follows:
“Section 183 of the Constitution prevents a governor from holding another executive office simultaneously, but it does not stop him from contesting another elective office. Therefore, Governor Uzodimma may run for Senate, but if he wins he must resign as governor before being sworn in as senator.”
The controversy, therefore, is not about whether the Imo Governor may seek the Senate ticket — he plainly may — but about the timeline. He may remain governor through the campaign and even through the election. But if he wins and wants to enter the Senate, he must vacate the governorship before taking the Senate oath.
The political dimension of the matter is no less consequential. Within the APC, Uzodimma is 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.
The article notes that Uzodimma’s current term runs until January 2028, while the new Senate is expected to begin in June 2027, which creates the practical question of whether he would leave office early or stay out of the Senate race. That is a political calculation, not a constitutional bar to contesting.
For the political class, the legal profession, the APC hierarchy, and the people of Imo State and Imo West Senatorial District in particular, the central question now is whether Governor Hope Uzodimma will, if elected to the Senate in 2027, resign the governorship seven months ahead of the constitutional end of his second term in January 2028 to take his Senate oath, or whether the political calculations that produced the senatorial ticket will yield to the constitutional reality that Section 183 imposes.
What is no longer in doubt following the consistent legal opinions of Mikko, Jalo, Onovo and the unbroken weight of constitutional authority on the point is that the Imo Governor cannot, under the 1999 Constitution as amended, simultaneously occupy the offices of Governor of Imo State and Senator representing Imo West.
The choice, ultimately, will rest with Governor Hope Uzodimma. The Constitution has already made its position clear.
The post “Legal Questions Trail Uzodimma’s Senate Ticket” — Section 183 Bars Simultaneous Occupation Of Governor, Senator Offices As Tenure Runs Until Jan. 2028 appeared first on TheNigeriaLawyer.
