Taraba’s needless constitutional imbroglio

However, the constitution, under section 190 makes it mandatory that immediately the Governor returns from leave or medical attention and transmits same to the House of Assembly in writing, he takes back his office as the governor and the acting ceases to be, but returns to his deputy capacity. Governor Danbaba returned to the State […]

However, the constitution, under section 190 makes it mandatory that immediately the Governor returns from leave or medical attention and transmits same to the House of Assembly in writing, he takes back his office as the governor and the acting ceases to be, but returns to his deputy capacity. Governor Danbaba returned to the State on Sunday August 25, 2013, and immediately transmitted in writing to the House his return and his readiness to return to duty. However, some political forces in and outside the state emerged and insisted that Danbaba is not well enough for his job. None of them is a medical personnel or the Governor’s Physician as to pass that medical judgment.
It is therefore curious how the State House of Assembly got hoodwinked into passing the Resolution that Acting Governor Umar should continue in that capacity while Suntai continues recuperating. Interestingly, the PDP Headquarters in Abuja also got interested in this purely constitutional matter and sent a panel of assessment under Senator Hope Uzodinma, himself a non-medic, who affirmed the position of the House that Umar should continue acting. Why did the Hope Uzodinma committee take position and made same known in Jalingo without first submitting its report to the People’s Democratic Party?
The constitution under section 189 states clearly the processes and procedures of assessing the physical or mental infirmity of a Governor or the President. It involves the State Executive Council; Select medical personnel; and the House of Assembly. It is a defined process by the constitution under section 189.
(1) The Governor or Deputy Governor of a State shall cease to hold office if,  (a) by a resolution passed by two-thirds majority of all members of the executive council of the State, it is declared that the Governor or Deputy Governor is incapable of discharging the functions of his office; and  (b)  the declaration in paragraph (a) of this subsection is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the speaker of the House of Assembly.
(2) Where the medical panel certifies in its report that in its opinion the Governor or Deputy Governor is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the Speaker of the House of Assembly shall be published in the Official Gazette of the Government of the State.
(3)  The Governor or Deputy Governor shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.
(4) The medical panel to which this section relates shall be appointed by the Speaker of the House of Assembly of the State, and shall comprise five medical practitioners in Nigeria –  (a) one of whom shall be the personal physician of the holder of the office concerned; and  (b)  four other medical practitioners who have, in the opinion of the Speaker of the House of Assembly, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions of this section.
(5)  In this section, the reference to “executive council of the State” is a reference to the body of Commissioners of the Government of the State, howsoever called, established by the Governor and charged with such responsibilities for the functions of Government as the Governor may direct.
Why then did the House arrogate itself the powers of the Executive Council and that of medical personnel? This is a democracy with separation of powers between the three tiers of government. Why did the PDP Headquarters delve into a purely constitutional and governmental affair? Is it asserting party supremacy in what statutorily belongs to the Government Arms?
If the House or anyone is not satisfied with the letter Suntai transmitted to the House, the best option could have been to seek legal redress and not to impose the political whims and comprises of a cabal, which ironically tramples upon the constitution and turns round to accuse others.
Let Governor Danbaba be given the chance to complete his mandate which is freely and democratically given to him by the citizens of Taraba state.

Soba wrote from Technobat Estate, Jalingo