Taraba Assembly Is Wrong - Tunji Abayomi, lawyer and human rights activist
By AYODEJI ADEYEMI
Is the Taraba State House of Assembly in order asking the deputy governor to continue in his acting capacity as the governor?
They have no such power. The constitution only invests on them the power to make laws. And in the case that the governor is absent what he has to do is to notify them, while he also notifies them when he resumes gain. That’s all. To ask the governor to take over or not to, is to tell the people of Taraba State, who is to govern them and that is not their prerogative.
So can you tell us the ways in which a governor can cease to be in office against the background of what is happening in Taraba State?
There are only two ways by which a governor can cease to rule. Either by way of impeachment for gross misconduct or by the way of natural occurrences, the chief of which is permanent incapacity. A governor continues to hold office unless he is removed or is permanently incapable of discharging his duties. Under Section 189, medical incapacity must be a disability that prevents him from discharging the power and duty of his office. And such incapacity must be strictly validated by two-thirds majority of all members of the executive committee by the resolution of his own executive committee. And the resolution must be clear that the governor is incapable of carrying out the function of his office and a panel of five medical practitioners in Nigeria including his own personal physician must medically verify it. The other four medical practitioners must have achieved relevant professional eminence. And the panel must certify that the governor is suffering from infirmity of body or mind that renders him incapable of discharging the duty of his office. And the speaker must thereafter sign the notice of medical certificate. So for the house of assembly to ask the deputy governor to take over the reins of office is to remove the governor unconstitutionally.
But some lawyers have given the governor an ultimatum?
I understand that Mr. Femi Falana gave him a two-way ultimatum. That is totally unwarranted; it is uncalled for, unnecessary. The constitution does not say that the governor cannot be ill nor does it say that the governor cannot govern when he is ill. The only time the governor cannot govern is when he is beset by illness, which denies him the capacity to govern. Otherwise we will be running into a moral problem. There are a many disabled people who are citizens. And even from African ontological thinking, the idea of harassing a sick person is alien to the natural compassion of the African.
There is the fear that the Suntai saga may become Yar’Adua part two and there is the fear that it might provide the avenue for those surrounding the governor to loot the state treasury with impunity?
Well I can appreciate that, but there is a difference between the Yar’ Adua saga and this one. In the case of Yar’Adua, he did not hand over power to anybody; we had a situation where we had two presidents. In this case, this man followed the constitution. The fact of the matter is that the governor came back; he held a meeting and spoke.
But the House has said he should come and address them. He could just have done that to clear all this dust?
They have no such powers. There is no constitutional mandate that he should address them. The constitution just says you should communicate by letter to them, and it is not to the speaker. People keep saying that the speaker must accept it or confirm it. The speaker is just a symbol, he is just first among equals. The governor only needs to write a letter and he could write the letter through anybody as long as the letter is validated by looking at his signature. If we come to a situation where he is removed, we are destroying the structure that separates powers of the executive from those of the legislature. It is a very dangerous precedent that we must not allow. We must not allow our emotions to take control. A governor can be sick, and it can happen to anyone. If you were sick in your house would you want somebody to quickly say that your wife should get another person to take over?
How long can the governor be away before the house can transfer his powers to the deputy?
The house cannot do that on the basis that he is away. You see the governor can be in America and be governing very well.