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Tag: Taraba State

  • The battle for Taraba

    The battle for Taraba

    Associate Editor, Sam Egburonu, locates the current power battle between Governor Danbaba Suntai and Acting Governor Garba Umar within the context of the explosive Taraba State politics, exploring possible options to douse the fire

     

    The political fire that is currently raging in Taraba State may have been lighted formally on Wednesday, August 28, 2013, when Governor Danbaba Suntai, who just returned a few days earlier from his sick bed abroad, announced immediate dissolution of the state executive council, thus declaring his resolve to take back power from the Acting Governor, Alhaji Garba Umar, and other political godfathers that may come his way.

    But it has become obvious, from the texture of the political conflagration, that the dry logs and the oil, fueling the raging inferno, have been prepared long ago, awaiting the final lighting.

    So, aS soon as the yet- to-recover governor announced the dissolution of the executive council and the appointment of a new Secretary to the State Government (SSG) and two others, it was not surprising that the state political theatre caught fire.

    The fire also gained immediate momentum as Umar openly rejected the governor’s directive, dismissing the announcement as the handiwork of a cabal, not that of the governor, desperate to hijack power for itself.

    He, like the state House of Assembly, therefore, insisted that the governor, who suffered head injuries in October 2012, after a Cessna light aircraft he was piloting crashed near Yola Airport and was taken to a trauma and brain injury center near New York City for treatment, should go back to the US to continue his treatment.

    Umar and majority of the lawmakers argued that Suntai has not recovered well enough to be entrusted with the task of governance. But Suntai and his confidants insist he has recovered well enough to regain his constitutional responsibility as the elected governor of the state.

    At this point, the political stalemate has become obvious, even to the most naive political observer. The battle line was finally drawn as Taraba suddenly found itself in a deep political dilemma, not certain whose orders to obey or who should be regarded as the authentic Governor of the state: the elected governor, Suntai, whose health condition is still a matter of serious debate or his erstwhile deputy and ally, Umar, who became the Acting Governor since Suntai was away in far away United States of America, receiving treatment?

    The confusion

    Although the first signs came on Monday, 26, 2013, a day after Suntai’s return, when he wrote the Taraba State House of Assembly, informing the House of his return and readiness to resume work as the state governor, the dilemma became manifest as soon as the disagreement of two principal officers of the House, Hon. Haruna Tsokwa and Hon. Joseph Albaso, over the political development, blew open. Tsokwa, the Speaker of the House, after taking a critical look at the governor, had resisted the demand to return power to him. According to Tsokwa, Umar should continue to act as Governor until the house deliberate on the letter and become convinced that the governor had recovered.

    But Albaso, the Majority Leader of the House, said the governor had fulfilled the constitutional requirement, which, according to him, was to notify the House of his return and readiness to resume work.

    Since then, the nation has been burdened with the puzzle of who is right? The matter came to a controversial end on Friday, when National Assembly members from Taraba threw their weight behind the state Assembly, insisting that Suntai is not yet fit to govern the state and as such, he should go back to US to continue his treatment, while Umar should continue to serve as Acting Governor.

    But it seems this firm position of the lawmakers has not settled the dust.

    This is because some questions that have arisen from the political crisis remain unanswered.

    For example, observers, taking into consideration similar scenerio that played out at the federal level, when the late President Umar Musa Yar’Adua was critically ill, are worried that, as was the case then, the implications for the state and country’s political future may be threatened, except the matter is handled wisely. There is still disagreement if the Taraba case has so far been handled wisely by the major officers concerned.

    For example, there is argument as to if the Governor has the right to go on vacation or sick leave for as long as it takes him to recover, or if there is a limited period of time he must not exceed? All that section 189 of the 1999 Constitution (as amended) said is: (1) The Governor or Deputy Governor of a State shall cease to hold office if (a) by a resolution passed by two-thirds majority of all members of the executive council of the State, it is declared that the Governor or Deputy Governor is incapable of discharging the functions of his office; and

    (b) the declaration in paragraph (a) of this subsection 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 House of Assembly.”

    Today, legal luminaries are still airing defferent views on how the dilemma leaves Taraba in view of the constitutional provisions.

    Observers are also wondering if the Assembly has power to declare Suntai medically unfit when they are not doctors or the panel of medical examiners required by the constitution?

    Former Minister of Justice and Attorney- General of the Federation, Chief Richard Akinjide is one of the legal luminaries that commented on this aspect of the confusion during the week. According to him, “The constitution is clear on cases like this. – there should be expert report. They can’t resolve the crisis without it. The onus falls on medical report.”

    This implies that political considerations, which have so far guided most of the decisions so far taken by the actors may not suffice. It also suggests that the matter is yet to be over and may soon move to medical theatres.

    That political reasons have dominated the debates so far shows also that what is playing out in the north-east state of Taraba cannot be fully appreciated without a grasp of the political realities that informed the actions of the major actors

    The politics of Taraba

    One of the major questions that has been asked since the political crisis in Taraba peaked is whether it was proper for Suntai to dissolve the executive at the time he did? There are issues also on the actions of the Acting Governor so far?

    Our investigation shows that these major actors are acting out scripts informed by the political history of the state and the camp they currently belong to.

    Taraba is a strictly polarised state, politically. When Suntai emerged as a Governor, it was with the full support and sponsorship of former Governor Jolly Nyame, a fellow Christian. But there was an allegation that the agreement between Nyame and Suntai was that Suntai would not seek re-election. When he eventually did, he, in collaboration with some powerful political forces, including Senator Aisha Jumai Alhassan, had to edge out Nyame. Today, both Nyame and Alhassan, are no longer in the same camp with Suntai as Alhassan has reportedly become one of the major opponents of Suntai within Taraba PDP.

    Other powerful senators, like Abubakar Umar Tutare, are also alleged to have been looking for a way of paying back Suntai, whom he once accused of trying to stop his senatorial ambition.

    So, politically, Suntai operated under a well divided political party. This was well demonstrated when Umar was to be sworn in as Acting Governor. Then, he was still seen as Suntai’s ally and opponents allegedly hatched a plot to prevent his swearing in as Acting Governor when the governor got involved in the plane crash. Today, Umar is the major political opponent of Suntai.

    Besides this, the politics of Taraba State has been polluted by religious divide. With Christians forming the majority in the state, and the two civilian elected Governors, Nyame and Suntai, all Christians, Muslims are highly agitated and there have been claims of marginalisation. “When Suntai had the plane crash, some elements in the state, who obviously wanted to perpetuate hatred claimed it was Muslim fundamentalists that planned the accident. This will show you the extent people can go here to mix up religion and politics,” said Jamui Hassan, a resident in Yola. Hassan told The Nation yesterday that Muslims see Umar as the opportunity of the Muslims to also produce governor of the state. Such circumstances had also led to the emergence a Christian governor in a northern state that has Muslim majority and have always had Muslim governors. According to Hassan, it is this sentiment that has garnered support for Umar.

    Besides religion and PDP intrigues, ethnicity seems to be also contributing to increasing sentiment against Suntai. In the state, which has nine big ethnic groups, only two, Mumuye and Chamba have produced elected governors, in the persons of Nyame, a Mumuye and Suntai, a Chamba. Allegations against Suntai, according to sources, is that he is planning to instal another Mumuye as his successor.

    Options available for settlement

    To resolve the political dilemma in the state, experts and observers have suggested several options. They include impeachment, state of emergency, doctrine of necessity, among others.

    Although there are allegations of each camp planning to initiate impeachment proceedings for either Suntai or Umar, it seems most experts say Suntai can only be stopped if a medical report confirms him unfit and he is subsequently impeached.

    If this option proved difficult because of the complications arising from the political intrigues, some observers are already suggesting a repeat of the implementation of the Doctrine of Necessity, which the National Assembly used to save the nation at the peak of the late Yar’Adua’s sick saga.

    Aside these, peace lovers are already urging President Goodluck Jonathan and PDP to intervene and resolve the matter.

    At the weekend, Jonathan and the party reportedly agreed to step in. If their peace efforts fail, security experts, who spoke to The Nation yesterday, said state of emergency would be needed to save the state and the country, taking into consideration the current security crisis in the north-east zone.

     

  • Taraba constitutional crisis

    Taraba constitutional crisis

    Self-help on both sides of the divide may yet cause the state more harm than Suntai’s suspect health

    In Taraba State, it is crass constitutionalism versus crusading morality. But the snag is both sides are resorting to self-help that would eventually help no one.

    The return to the country on August 24, by Governor Danbaba Danfulani Suntai, whose self-piloted plane crash took him to Germany and the United States  on forced medical tourism for 10 months, has landed the state in a constitutional crisis.

    It sounds all so typically Nigerian, with the late Umaru Musa Yar’Adua affair, which the Senate mercifully resolved with an extra-constitutional instrument of “Doctrine of Necessity” to crown the then Vice-President, Goodluck Jonathan, as acting president, before the former president’s eventual death.

    A clearly delicate Governor Suntai, even after being helped out of his aircraft like some toddler, no sooner than he had landed, fired a letter to the Taraba legislature, claiming he was ready to “resume work”, as stipulated by Section 190 of the 1999 Constitution. The ink had hardly dried on the letter before the governor dissolved the state executive council (exco) and appointed a new secretary to the state government (SSG) and governor’s chief of staff, both positions needing no parliamentary stamp.

    The other side led by Haruna Tsokwa, Speaker of the Taraba legislature, kicked, alleging proxy forgery. A Taraba legislators’ visit to the governor, after the governor had spurned physically addressing the House, led to the sensational proclamation that the governor is still unfit to rule. Sixteen of the 24 Taraba legislators, including Speaker Tsokwa and Tanko Maikarfi, his deputy, signed the resolution for the governor to seek further medical help; and reaffirmed Garba Umar, the deputy governor, as acting governor still.  But the governor did a brief state broadcast, which sent his supporters capering with joy in the streets.

    Apparently issuing from the legislators’ declaration, a third front has opened, with the deputy governor (or “acting governor” in the eyes of the legislators) contesting the governor’s dissolution of his cabinet. In a few days therefore, Alhaji Umar has sensationally morphed from a deputy governor pledging loyalty, to a fiery “acting governor” contending with the governor all of the way!

    In all of these, what does the law say? Section 190 of the 1999 Constitution (as amended) is clear – and we quote in full: “Whenever the Governor transmits to the Speaker of the House of Assembly a written declaration that he is proceeding on vacation or that he is otherwise unable to discharge the functions of his office, until he transmits to the Speaker of the House of Assembly a written declaration to the contrary such functions shall be discharged by the Deputy Governor or Acting Governor.”

    From the italicised segment of Section 190, it is clear the governor has fulfilled what is required of him to resume duty after a period of absence: transmit a letter to the legislature that the contrary is now the case.

    On the face of it therefore, the rally of Speaker Tsokwa and his 16 legislative braves would appear without basis in law. Section 189 (1) (a) empowers the exco, not a detachment of the legislature, to declare the governor or deputy governor incapable of discharging his duties. Even the interaction with the governor, and re-affirmation, on health grounds, of the Deputy Governor as Acting Governor, would appear without basis in law. This is because, by Section 189 (1) (b), only a medical board (Section 189 (4)), can do such assessment and give a verdict – not a detachment of the legislature. Though the Speaker appoints that five-person board, there is clear attempt at fairness and balance, as one of the five must be the subject’s personal physician.

    Also, Deputy Governor Umar has no basis to question his principal’s order of cabinet dissolution. In the eyes of the law, he is deputy governor; and there cannot be an “acting governor” when the governor is in town.

    But is the governor really “in town”?  That, regrettably, is not so certain. For one, Governor Suntai looks fragile, but we cannot say if his fragility is more apparent than real.

    For some, the dissolution of the Taraba cabinet is clear, cynical bad faith. If there is no executive council to declare the governor incapacitated, a health-challenged Governor Suntai could be there as front for the alleged cabal to run the state in his name, a la Yar’Adua. But he or the so-called cabal cannot run the state forever without an executive council.

    Some scenarios present themselves in this matter.

    One: the Taraba legislature could start an impeachment process against the governor. If it gets the processes through, it would have constitutionally removed the governor and ensured the state is in safe hands. But it has to brace itself for a stream of sympathy for the governor; and the possible political instability to follow, since Suntai’s supporters may embark on a sympathy overdrive. That would be potentially explosive indeed, given the delicate Christian-Muslim divide in the state.

    Two: the National Assembly, still pushing the “Doctrine of Necessity,” could temporarily take over the Taraba legislature’s duty, approve a new executive council for the governor and put pressure on the council to trigger Section 189 (1) and Section 189 (4).  If after the process, the governor emerges unscathed, he continues on his job. If his bad health is confirmed, he gives way to Alhaji Umar.  That would ostensibly free the Taraba legislature from charges of bias and preserve the deputy governor. But given the combustible skein of our politics, we cannot guarantee that such an intervention would not touch off a tempest.

    Some commentators doubt that Suntai is fit to rule. But that is not for us to say. He may have been propped up on the plane, and his elocution imperfect before camera klieglights, or he might have shown the lack of physical prowess associated with persons in such demanding positions. But they are technical issues that only a verified medical report can ascertain.

    We therefore, as a matter of honour, urge him to declare his medical records open in a public and indubitably transparent way. We want to know if he can, by the medical reports, rise up to the rigours of his exalted position. If he does not, he raises doubts, and he can draw the ire and suspicions even of those who love him.

    The state legislature could on that basis accuse him of gross misconduct, according to section 188 of the constitution, and begin impeachment proceedings. If the chief judge takes over fairly, its panel could investigate the health conditions. This could serve as a clever route to avoid setting up a medical panel since the impeachment panel can investigate wide range of matters under the subject of “gross misconduct.” Section 188 (11) gives the house the right to define the term. If the governor refuses to present his medical records and investigation shows he was hiding it, it could pass for gross misconduct. The governor and his handlers should approach this matter with honour and transparency in order to avoid the potentially messy scenario of an impeachment drama, especially in a state riven by religious and sectarian impulses.

    Whatever happens in Taraba, constitutional due process, not self-help, is the way out.  Following the law in this instance will help to strengthen institutions in Nigeria’s growing democracy.

  • Lawmaker wants Taraba Assembly to commence impeachment process against Suntai

    Lawmaker wants Taraba Assembly to commence impeachment process against Suntai

    Deputy Whip of the Lagos State House of Assembly, Rotimi Abiru has urged the Taraba State House of Assembly to immediately commence the impeachment process of the ailing Governor of the state, Danbaba Suntai, saying “the governor is incapacitated and unfit to continue governing the state”.
    Speaking in a telephone chat yesterday , Abiru who is representing Shomolu 2 constituency in the Assembly, expressed surprise at the dissolution of the Taraba State cabinet by Suntai.
    According to the lawmaker, “this is a man that just returned after been hospitalized for about ten months and while people are still having doubts about his ability and fitness to continue as the governor of the state, the next thing he could think of is to dissolve a cabinet that has been running the affairs of the state since he became incapacitated.
    “Since he returned, he has not thought it wise to address the state;  he communicated to the House of Assembly through a letter, though, there is nothing wrong in writing a letter to the House of Assembly, but if he is truly fit to continue governing the state, I see no reason why by now he has not addressed the state.
    “These people in his absence were praying for his quick recovery so that he could come back and continue his job, but now that he has returned, he could not even address the state to say common ‘thank you’, that is very bad. So the state House of Assembly should immediately commence his impeachment process if he fails to address the state before the end of the week.
    “If they fail to do what is right, they should have it at the back of their minds that posterity will judge them. Also, his party the Peoples Democratic Party should come in and do what is right by allowing his deputy to take over, so that they won’t tarnish this democracy that took a lot of time to gain,” Abiru added.
  • ‘APC will uproot PDP in 2015’

    ‘APC will uproot PDP in 2015’

    Senator Joel Ikenya was the Action Congress of Nigeria (ACN) governorship candidate in Taraba State in the 2011 election. He spoke with FANEN IHYONGO on issues affecting the state and the nation.

    WHAT is your assessment of the PDP administration in Taraba State?

    We are not satisfied with it. During the campaigns, we told people that the PDP has no people-oriented programmes and cannot deliver; that it has no vision or dream for the state and it came to pass. Today, we are in the second tenure of Danbaba Suntai. So far, over N350 billion has been collected from the federation’s account with nothing to show for it.

    We told the people from the beginning, that the PDP don’t have the masses at heart. Our hospitals are worse than what, in 1983 General Mohammadu Buhari said, have been turned into mere consulting clinics. Today, they are synonymous with people hawking drugs. We are watching and taking stock of what they are doing, at the appropriate time we will respond. We said it before and I am saying it again, for posterity and our conscience.

    What is the plan of the opposition in the state?

    The opposition is working hard to ensure that the merger of the major political parties into the All Progressives Congress (APC) work effectively in the state. I am in Jalingo because of the membership card validation exercise for all the members in the 16 local government areas. I brought materials for them from Abuja. They are working on them to put our structures together. On April 27, we had convention in Lagos to endorse the merger plan. We shall have the final rally in Abuja for all the parties to submit their registration certificates, so that we shall go ahead and empower our party leaders to do the final registration of APC as a party.

    What is the prospect of the APC in 2015, if it is registered?

    Our weapon and strength are in the unity that we have. We have understood why the opposition is being defeated. We are being defeated not because we don’t have the people but because we are divided. But this time, we are putting our heads together to have a cohesive and formidable political party that will take over power from the PDP. Not just because we want to rule, but to perform better than the PDP; by developing this country in the interest of the masses. The confusion and infightings in the PDP are also to our advantage. We understand they are divided over the presidency and governorship interests in the states. Besides, there are other individual members of PDP who want their interests to override the interest of others.

    Look at what is happening in Taraba State today. There are many camps in the PDP. We, in the opposition have learnt a lot of lessons through the democratic process. We are working hard to put in place a superior platform for people to come in, so that we can defeat the PDP in 2015 and deliver the dividends of democracy to the people. We shall continue to expose the failures of the PDP. If there was any magic to perform, the PDP would have made it happen a long time ago. It is about 14 years that the PDP is ruling this country and has not done anything spectacular. I believe the APC will uproot the PDP.

    How can the opposition prevent rigging?

    We believe that in every process, there is always room for improvement. The opposition will mobilise our people. Not only to mobilize the people; we shall educate them as well. Some of the things that happened to us in the last election were as a result of ignorance. Some of us were asking for one man one vote but the PDP did not and does not believe in one man one vote. PDP believes in using the resources of the people to fight the people. In the coming election, our people are going to be fully mobilised as it is done in Lagos, Osun and Edo states. You can’t rig election in these states because the people are well mobilised and informed. Look at what happened in Edo State. Even some of the people who call themselves political god-fathers lost their polling units. I want to say our case is different here because of lack of mobilisation and voter education.

    We are working hard to educate the people and we are making it in such a way that there won’t be any form of violence.

    Do you have confidence in the Independent National Electoral Commission (INEC)?

    When I look at elections in Edo and other states including those in the Southwest where INEC conducted election and the Labour Party won, I believe there is improvement. The only area that bothers me is the judiciary. In 2007, when I ran for the Senate and won the PDP primary and my co-contestant overturned it, I went to court and it was quashed. I went to a High Court in Kaduna State and was given judgment despite I had never seen the judge. The man appealed, I didn’t know the judge, I didn’t talk to anybody, but I got my judgment. He went to Supreme Court, I didn’t go there, but my lawyer won the case. We returned to the tribunal sitting in Taraba, and the judge upheld my election. He appealed against me in the Court of Appeal, and again I defeated him. The judiciary then, under the late President Umaru Yar’Adua, was wonderful. Unfortunately, in 2011 the judiciary changed. We have never found ourselves in this kind of situation. May be it is because of the new electoral law. On the part of INEC, I believe they have learnt their lessons.

    What are your plans for 2015? Are you going to take another shot at the governorship?

    If the parties merge, it is going to be the most popular party in the state. I will be foolish to think that I am the only one qualified to contest the number one position of the state in its platform. I will not dream that. I believe there would be many gubernatorial aspirants in the APC.

    I want to assure you that the APC is going to be very transparent, with internal democracy. And the primaries are going to be conducted by the national secretariat of the party. The party has credible people, people who are honest, people who are fair and people who believe that democracy is a government of the people for the people by the people. So, I am not going to impose myself. I am going to contest but I will accept every outcome of the election at various levels, believing God that there wouldn’t be any injustice.

    What is your reaction to the agitation for power shift in Taraba State?

    We are part of Taraba and we are also indigenes of the state. We believe it is our turn to produce the next governor of the state. In the northern part, Jolly Nyame was governor from 1992 to 1993. He bounced back in 1999 till 2007. He handed over the baton of power to the central zone, which produced the incumbent governor, Danbaba Suntai. This means by 2015, the north and central zones would have ruled for 18 years. Therefore, it will only be fair if we are given the slot. This is a very serious issue and we shall ensure that power shifts to Taraba south. Some people are calling for a Muslim governor in the state. I share their views, in the sense that we also have Muslims in southern part of the state. If the stakeholders want a Muslim governor in 2015, fine, but he should come from Taraba south. We have prominent and well educated Muslims from the southern part of the state who have all it takes to govern Taraba.

    How do you see the return of Nyame to the PDP?

    He consulted me but I refused to go back with him. I know how he fought for the survival of PDP in Taraba State. During his administration, he fought all the oppositions. He fought to see that PDP won all the elections. We are all his products. During his tenures, I was elected member of the House of Assembly, member of the House of Representatives and also as a senator of the Federal Republic of Nigeria. I don’t feel betrayed by his action. For someone who served the state for 10 years, and felt that the PDP is his brain child, I see no reason why he should not be allowed to go back to the party he nurtured. Nevertheless, Rev. Nyame is still respected by the opposition. He is the father of all.