Wednesday, September 4, 2013

Suntai Drags Taraba Speaker, Lawmakers to Court

Governor Danbaba Suntai of Taraba State, yesterday, commenced a legal action against the Speaker and members of the State House of Assembly for refusing to allow him resume duties as governor after his return from medical treatment abroad.

Suntai, who was previously incapacitated to carry out his official duties sequel to his involvement in a plane crash, in an originating motion he filed before Taraba State High Court, Jalingo, accused the state legislature of attempting to usurp his position and constitutional powers.


Suntai had on August 26, transmitted a letter to the Speaker of the Taraba State House of Assembly, notifying him of his return after a 10-month absence and his readiness to take over his office as governor.
However, his request was rejected on the premise that the letter ought to be deliberated upon by the House of Assembly before a decision could be reached on it.

Acting Gov
Accordingly, the state House of Assembly directed that the Deputy Governor, Alhaji Umar Garba, whom it had declared acting Governor, should continue to exercise the powers of governor pending a resolution of the House on Suntai's letter.

Dissatisfied with the action of the legislature, Suntai, in a suit filed through his lawyer, Dr. Alex Izinyon (SAN), yesterday, maintained that his letter notifying the Speaker and the House of his return and intention to take over was not subject to the exercise of their discretion to accept or reject, saying it is "mandatory" for them to do so.

The suit
Specifically, he urged the court to determine "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 August 26, 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 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)."

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