Falana Begins Proceedings to Ascertain Status of Suntai's Health

A Federal High Court Monday in Abuja, granted a Lagos lawyer, Mr. Femi Falana (SAN), leave to commence a suit to compel the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Mohammed Adoke (SAN), to make available information on the state of health of the Taraba State Governor, Danbaba Suntai.

This is coming as a group, the Taraba Justice Forum (TJF), has called on the former Minister of Defence, General Theophilus Danjuma, to wade into the power tussle between Suntai and his deputy, Garba Umar.

But Falana through his counsel, Deji Morakinyo, had brought a motion ex-parte pursuant to Order 34 Rules 1 and 3 of the Federal High Court Rules, 2009 and Section 20 of the Freedom of Information (FoI) Act 2011.

Consequently, he sought an order of the court granting him leave to apply for an ‘Order of Mandamus’ compelling the AGF to make available information on the state of mental and physical health of Suntai.

Ruling on the application, Justice Elvon Chukwu granted the leave of the court sought by Falana, stating that the application had merit.

The court consequently adjourned till September 16 for the hearing of the suit and for the transfer of the matter back to the Chief Judge for re-assignment to a regular court as vacation would soon be over.

Falana had also prayed the court to declare that the refusal of the AGF to accede to his request dated August 27 was illegal and unconstitutional as it violated Section 3 of the Freedom of Information Act, 2011.

The applicant premised his application on grounds that by Section 1 of FOI Act, every Nigerian citizen was entitled to access information in custody or possession of any public official, agency or institution.

He said he had written a letter to the AGF requesting him to make available, the state of mental and physical status of Suntai, but without any legal justification and in flagrant disregard of the express and clear provision of the FoI Act, Adoke failed to accede to the request.

The human rights activist further submitted that the refusal of the AGF to provide the information was a violation of Section 3 of the FoI Act.

Falana, in the letter he wrote on August 27, this year to the AGF read in part: “Following the involvement of Governor Danbaba Suntai of Taraba State in a plane crash in Yola, Adamawa State on the 25th day of October 2012, his Excellency arrived Nigeria on the 25th day of August, 2013 having undergone 10 months of treatment in Germany and United States of America (USA).

Meanwhile, the group, in a statement issued to journalists in Abuja yesterday, by its General Secretary, Mr. John Ambulus, urged Danjuma not to look the other way when his children are fighting and when his home state was politically paralysed.

While noting that progress had been made in the resolution of the political crisis in the state, the forum posited that the stalemate remained unresolved as the compromise reached has only emboldened the cabal, adding that the intervention of the former defence minister was imperative.

“It is on this note the we passionately task our elder statesman, a courageous leader of the North and a highly revered patron of all Taraba people, General Theophilus Danjuma, to wade into this stalemate and resolve it once and for all,” the forum stated, accepting that Danjuma’s refusal to intervene so far was because of his disdain for the antics of the usual politician.

“Your studied silence we know is to jealously guide and protect your integrity built over several decades. But the father of the house cannot be indifferent when his children are bitterly fighting. We submit that ability and readiness to put off the fire in one's house will influence outsiders’ judgment of one’s leadership capacities,” the statement noted.

The group explained that its “humble petition to Danjuma is to act now because failure to take action will cast doubt on his indisputable leadership position not only in Taraba State but nationally having helped to resolve the stalemate during the time of late President Umaru Musa Yar’Adua.

“As a foremost leader with reach and influence across all sections of Nigeria, happenings in Taraba is not a good publicity for the General. We reject attempts by some desperate politicians to appropriate our leader in furtherance of their political objectives. Our conviction is that the General is the leader of all Tarabans irrespective of ethnicity and religion,” the group affirmed.

The forum urged  Danjuma to  rescue Suntai from the cage of the cabal, engage President  Jonathan for equitable transition and settlement  in the political leadership of the state; and continue to promote unity of action among all Religious and political interests in the state.

“The embarrassment the crisis splashed on our leader is enough; the distractions we caused him are regretted. Now is the time to act. Only the intervention of General Danjuma alongside other stakeholders can lead us out of this Wood,” the group emphasised, warning that: “If we fail to act, if the General abandon us to our fate, history will not be friendly to us.”

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