The Taraba State House of Assembly disclosed that the ailing governor of the state DAN BABA SUNTAI was unfit to carryout his duties as governor, and let him go and continue with his treatment, also the state lawmakers said that the Acting Governor of the state Alh. Umaru Garba will continue to rule the state untill his boss recover and fit to perform his duties.

Just incase...booked

They are right coz since he come back, he no fit even to utter a single word

Pls what can I do when my garri refuse to swell up to double the quantity after soaking it all night? Pls help!!

This action appear so unreasonable to me. Let me reproduce the relevant sections of the Nigerian constitution. My understanding of these sections is different from what this Speaker is doing.

The consitution declare the basic health qualification of a Governor as:

Section (S).182(1)(c) - “no person shall be qualified for election to the office of Governor of a State if, under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind.”

Now, if a Governor wants to proceed on leave, the constitution states that:

S.190(1) - ” Whenever the Governor is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the Speaker of the HA to that effect, and until he transmits to the Speaker of the HA a written declaration to the contrary, the DG shall perform the functions of the Governor as Acting Governor”;

“(2) In the event that the Governor is unable or fails to transmit the written declaration mentioned in subsection (1) of this Section within 21 days, the HA shall, by a resolution, made by a simple majority of the vote of the House, mandate the DG to perform the functions of the office of the Governor as Acting Governor, until the Governor transmits a letter to the Speaker that he is now available to resume his functions as Governor”

Now, when the Governor returns from such trip, he just need to notify the House of Assembly, and not take permission from them, to resume his office as is indicated in the bolded above.

If such a person resumes and you feel that he is not fit to continue, there is a procedure. This is what the constitution says about that:

Section 189 “(1) the Governor or Deputy Governor (DG) of a State shall cease to hold office, if- (a) by a resolution passed by two- thirds majority of all the members of the executive council of the State, it is declared that the Governor or DG is incapable of discharging the functions of his office; and (b) the declaration 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 State HA;

(2) where the medical panel certifies in the report that in its opinion the Governor or DG 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 HA shall be published in the Official Gazette of the Government of the State;

(3) The Governor or DG 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 HA, 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 HA, 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;

(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”

Now, how can a Speaker be making careless statements as if his visit to the Governor is enough to declare him 'unfit to rule'? He must follow the procedure to the letter. For now, Suntai remains the Governor of Taraba State.

The Taraba cabal (TC) had simply been reminded that laws do not exist in a vacuum. It is that simple!

TARABA REPORT: Speaker, 16 other lawmakers ditch Suntai, finger Cabal

LEGISREPORTS – Speaker of the Taraba State House of Assembly and sixteen other members have ditched the returnee ailing governor of the state, Mr. Danbaba Suntai, saying he is not fit and sound enough to assume duties.The lawmakers said they have also confirmed that the letter earlier transmitted to the House purportedly by Suntai was not written by him as they were earlier made to believe.

They pointed fingers at unnamed members of a cabal as being behind the governor’s recent return and actions.The said letter which would have allowed the governor to resume officeas the number one citizen of the state if the House had allowed it sail through was said to have been forged by the cabal who are vehemently interested in holding the state hostage.

The lawmakers insisted that they will continue to recognise the deputy governor, Mr. Garba Umar as acting governor of the state, asking Suntai to go take care of his health first before coming back to assume his position.In a press release signed by the speaker Rt. Hon. Haruna Tsokwa and sixteen of the twenty four members of the House said Suntai could not have been the one behind the letter following the situation the leadership of the House claimed they met the governor when they visited him on Wednesday.

Part of the release read:

“The leadership of the Taraba State House of Assembly made several efforts to see the governor since his arrival, but till yesterday the 28th August, 2013 that they were allowed access to the ailing governor and their visit revealed that he spoke in the manner that brought more doubt to his authorship of the letter purportedly transmitted to the Speaker of the State House of Assembly.”"In view of the above, we are convinced that he could not have authored the purported letter transmitted to the Speaker of the State House of Assembly.

Be that as it may, we the undersigned members of the State House of Assembly have unanimously resolved in our meeting that the deputy governor upon whom power was earlier transmitted to by the State House of Assembly still remains the Acting Governor of Taraba State and will continue to act in that regards until such a time the Governor is capable of administering the State”With the ongoing development, security operatives have been again deployed to mount surveillance in the nooks and crannies of the state so as to halt various groups who are now threatening to cause chaos inthe state from carrying out their threats.

Source

So what's next

Frank-C:
This action appear so unreasonable to me. Let me reproduce the relevant sections of the Nigerian constitution. My understanding of these sections is different from what this Speaker is doing.

The consitution declare the basic health qualification of a Governor as:

Section (S).182(1)(c) - “no person shall be qualified for election to the office of Governor of a State if, under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind.”

Now, if a Governor wants to proceed on leave, the constitution states that:

S.190(1) - ” Whenever the Governor is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the Speaker of the HA to that effect, and until he transmits to the Speaker of the HA a written declaration to the contrary, the DG shall perform the functions of the Governor as Acting Governor”;

“(2) In the event that the Governor is unable or fails to transmit the written declaration mentioned in subsection (1) of this Section within 21 days, the HA shall, by a resolution, made by a simple majority of the vote of the House, mandate the DG to perform the functions of the office of the Governor as Acting Governor, until the Governor transmits a letter to the Speaker that he is now available to resume his functions as Governor”

Now, when the Governor returns from such trip, he just need to notify the House of Assembly, and not take permission from them, to resume his office as is indicated in the bolded above.

If such a person resumes and you feel that he is not fit to continue, there is a procedure. This is what the constitution says about that:

Section 189 “(1) the Governor or Deputy Governor (DG) of a State shall cease to hold office, if- (a) by a resolution passed by two- thirds majority of all the members of the executive council of the State, it is declared that the Governor or DG is incapable of discharging the functions of his office; and (b) the declaration 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 State HA;

(2) where the medical panel certifies in the report that in its opinion the Governor or DG 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 HA shall be published in the Official Gazette of the Government of the State;

(3) The Governor or DG 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 HA, 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 HA, 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;

(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”

Now, how can a Speaker be making careless statements as if his visit to the Governor is enough to declare him 'unfit to rule'? He must follow the procedure to the letter. For now, Suntai remains the Governor of Taraba State.

you are one of the dishonest nigerians who use legalistic jargons to perpertuate evil. There is no law in the universe that can foresee all every concieveable situation, the best laws are those that satisfy conscience and provides justice for the greatest number of people.

what careless statement is the speaker making? The speaker after visiting suntai arrived at the conclusion that the letter he received could not possibly be from the governor. the simplest and most logical thing to do is for the governors to visit the speaker and tell him in person that he wrote and signed the letter and it was not forged. And you are here doing legal gymnastics.

Frank-C:
This action appear so unreasonable to me. Let me reproduce the relevant sections of the Nigerian constitution. My understanding of these sections is different from what this Speaker is doing.

The consitution declare the basic health qualification of a Governor as:

Section (S).182(1)(c) - “no person shall be qualified for election to the office of Governor of a State if, under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind.”

Now, if a Governor wants to proceed on leave, the constitution states that:

S.190(1) - ” Whenever the Governor is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the Speaker of the HA to that effect, and until he transmits to the Speaker of the HA a written declaration to the contrary, the DG shall perform the functions of the Governor as Acting Governor”;

“(2) In the event that the Governor is unable or fails to transmit the written declaration mentioned in subsection (1) of this Section within 21 days, the HA shall, by a resolution, made by a simple majority of the vote of the House, mandate the DG to perform the functions of the office of the Governor as Acting Governor, until the Governor transmits a letter to the Speaker that he is now available to resume his functions as Governor”

Now, when the Governor returns from such trip, he just need to notify the House of Assembly, and not take permission from them, to resume his office as is indicated in the bolded above.

If such a person resumes and you feel that he is not fit to continue, there is a procedure. This is what the constitution says about that:

Section 189 “(1) the Governor or Deputy Governor (DG) of a State shall cease to hold office, if- (a) by a resolution passed by two- thirds majority of all the members of the executive council of the State, it is declared that the Governor or DG is incapable of discharging the functions of his office; and (b) the declaration 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 State HA;

(2) where the medical panel certifies in the report that in its opinion the Governor or DG 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 HA shall be published in the Official Gazette of the Government of the State;

(3) The Governor or DG 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 HA, 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 HA, 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;

(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”

Now, how can a Speaker be making careless statements as if his visit to the Governor is enough to declare him 'unfit to rule'? He must follow the procedure to the letter. For now, Suntai remains the Governor of Taraba State.

You said it all.
This is about constitution not personal sentiments.

Let the house do the right thing. Their action shows they don't know what they are doing. Are they forensic experts to know that it was not the governor that signed the letter? Or are the medical doctors to say he is not medically fit?

Another drama,,,,the news says by now nobody knows where is GOV. SUNTAI,,,,,,,,,,,,,
so may he disapper by him self