Taraba: Ailing Suntai Drags State Assembly to Court
LAGOS SEPTBEMBER 4T (URHOBOTODAY) – Ailing Taraba State governor, Danbaba Suntai, on Tuesday, dragged the State House of Assembly to court for disallowing him to resume duties as governor following his return from medical treatment in Germany and America after his involvement in a helicopter crash.
The governor had on August 26 transmitted a letter to the Speaker of the Assembly, notifying him of his return and his readiness to take over his office as governor.
But the Speaker rejected the governor’s request on the premise that the letter ought to have been deliberated upon by the Assembly before a decision could be taken on it.
The State House of Assembly therefore directed that the Deputy Governor, Alhaji Umar Garba, whom it had declared acting governor should continue to act as governor pending a resolution of the Assembly on Suntai’s letter.
But Suntai, who was apparently dissatisfied with the decision of the Speaker, consequently approached the High Court in the state through his counsel, Dr. Alex Izinyon (SAN) who filed an originating summons, seeking redress.
The originating summons argued that Suntai’s letter notifying the Speaker and the Assembly of his return and intention to take over was not subject to the exercise of their discretion to accept or reject it but is “mandatory” for them to do so.
Izinyon formulated the following questions for determination:
? Whether by virtue of Section 190(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the 1st and 2nd defendants can by press release or debate, interfere with, do anything whatsoever in connection with or in relation to the letter transmitted by the plaintiff to the 1st defendant pursuant to the said Section 190(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)?
? Whether the 1st and 2nd defendants can debate the letter of plaintiff dated 26/8/2013 transmitted to the 1st defendant and by press release direct that the deputy governor of Taraba State, Alhaji Garba Umar should continue in office as acting governor of Taraba State till the plaintiff is declared medically fit to resume office having regard to the provision of Section 190(2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended)?
Izinyon is therefore praying the court to declare that the letter of the plaintiff dated 26th August, 2013 transmitted to the 1st defendant is absolute, mandatorily obeisant, immutable and cannot be debated or contradicted by any means whatsoever as the 1st and 2nd defendants lack any discretion in the circumstance and that upon transmission of the said letter, the plaintiff has automatically assumed his powers and responsibilities as Governor of Taraba State.
He also wants the court to declare that by virtue of Section 190(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the 1st and 2nd defendants cannot by press release or debate, interfere with, do anything in connection with or in relation to the letter transmitted by the plaintiff to the 1st defendant pursuant to the said Section 190(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
He is also seeking: “A declaration that the 1st and 2nd defendants press release of the 29th August, 2013 or any other date whatsoever directing that the Deputy Governor of Taraba State, Alhaji Umar Garba, should continue as acting governor of Taraba State is null and void ultra vire and constitutionally void and of no effect whatsoever.”
He is therefore seeking an order of perpetual injunction restraining the 1st and 2nd defendants from debating, interfering with, doing anything in connection with or in relation to the letter transmitted by the plaintiff to the 1st defendant pursuant to Section 190(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Source: The will