by Olaitan Babatunde

When a governor leaves office, the convoy may disappear from the Government House gate, the official meetings may stop, and another person may take over the office. But the end of a governor’s tenure does not automatically end the public’s interest in how the state was governed. There are questions about government records, public assets, outstanding projects, contracts, public funds and decisions made during the administration. There may also be questions about pensions, security and allegations of misconduct. So what changes when a governor becomes a former governor, and what remains within the reach of the law?

The first major change concerns immunity. Section 308 of the 1999 Constitution protects a sitting governor and deputy governor from civil and criminal proceedings during their period in office, subject to the exceptions stated in the section. It also restricts their arrest, imprisonment and certain court processes during that period. This protection is attached to the office, not to the individual for life. Once a governor leaves office, the constitutional immunity provided by Section 308 no longer protects them simply because they once occupied Government House. A former governor can therefore face legal proceedings in circumstances where a sitting governor would have been protected from those proceedings during their tenure. However, losing immunity does not mean automatic arrest, conviction or imprisonment. Any investigation or prosecution must still follow the law, respect due process and establish the relevant offence.

This is where investigations become important. If there are credible allegations of fraud, money laundering, abuse of office or other offences, the relevant authorities may investigate and, where the evidence and law support it, pursue prosecution. The fact that an alleged act occurred while someone was governor does not, by itself, make the person permanently immune from accountability. But an allegation is not a conviction, and a political accusation is not proof of wrongdoing. Investigators must establish facts, follow lawful procedures and respect the rights of the person concerned. Citizens should therefore distinguish between an investigation being opened, charges being filed, a case going to trial and a court delivering judgment. These are different stages, and treating them as interchangeable can turn public accountability into trial by social media.

There is also the question of what a governor leaves behind. A state administration is not a personal business that can simply close its doors when the owner departs. Ministries, departments and agencies continue to operate, and the incoming administration needs records of government activities, projects, contracts, liabilities and ongoing commitments. Handover procedures are intended to help preserve institutional memory and support continuity. The exact legal requirements depend on the applicable state laws and transition arrangements. For example, Ekiti State’s Transition Law provides for comprehensive handover notes covering the outgoing governor’s tenure and the activities of the Governor’s Office, Deputy Governor’s Office, ministries, departments and agencies. Such records matter because citizens should be able to assess not just what an administration announced, but what it completed, what it left unfinished and what financial obligations it transferred to its successor.

A governor also has a constitutional responsibility concerning personal assets and liabilities. Under Paragraph 11 of Part I of the Fifth Schedule to the Constitution, public officers are required to submit asset declarations at the end of their tenure, among other specified times. The Code of Conduct Bureau receives and examines these declarations and can investigate complaints concerning possible breaches of the Code of Conduct. The purpose is to help establish accountability around public service and the acquisition of assets. A declaration does not, on its own, prove that a public officer has acted honestly or dishonestly. Its value depends partly on accurate disclosure, verification and appropriate action where evidence points to a breach. Leaving office should not mean that questions about a former governor’s assets become irrelevant.

Then there is the issue of pensions and other benefits. Some states have enacted laws providing retirement benefits for former governors and other former political officeholders, while the details and eligibility requirements vary by state. These benefits should not be confused with constitutional immunity. A pension or retirement entitlement, where lawfully provided, does not prevent a former governor from being investigated or prosecuted for an alleged offence. Equally, leaving office does not automatically cancel every lawful entitlement a former governor may have. Citizens need to examine the specific state law, its conditions, the public cost and any legal restrictions before concluding that a particular benefit is lawful, unlawful or excessive. The important question is whether such benefits are justified, transparent and consistent with the law, especially where a state is struggling to fund basic services.

Ultimately, the end of a governor’s tenure is a transfer of public authority, not the end of public accountability. The incoming administration should receive the records and responsibilities needed to govern. The outgoing governor should comply with applicable asset declaration requirements and remain answerable under the law for any conduct that can lawfully be investigated or prosecuted. Citizens, journalists, legislatures and oversight institutions have a role in examining public spending, unfinished projects, government liabilities and the use of state resources. The public should also resist the temptation to assume that every former governor is guilty of wrongdoing simply because they left office, just as it should reject the idea that holding high office places someone permanently beyond scrutiny. A governor may leave Government House, but the public’s right to ask questions does not leave with them.