A Federal High Court sitting in Abuja has been urged to compel the executive council and the House of Assembly of Taraba State to comply with Section 189 of the 1999 Constitution by making the present deputy governor, Garba Umaru, the substantive governor.
The suit was filed, following the long absence and health condition of the present governor, Danbaba Suntai, who is undergoing treatment in a German hospital.
Suntai was involved in a plane crash last year.
The plaintiffs, led by Senator Saleh Usman Danboyi, approached the court through their counsel, Yahaya Mahmood (SAN), to determine whether having regards to the provision of Section 189 of the 1999 Constitution of the Federal Republic of Nigeria, and present health condition of the substantive governor of Taraba State, the State Assembly is constitutionally under obligation to comply with the provisions of the section.
Section 189 (1) of the 1999 Constitution provides that “The Governor or Deputy Governor of a State shall cease to hold office if 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”
Joined as defendants are the Peoples Democratic Party (PDP), Attorney General of the Federation, Attorney General of Taraba State and the Taraba State House of Assembly.
They further want the court to determine whether in view of the health condition of the substantive governor, the defendants, more particularly, the 1st and 2nd defendants are not constitutionally under an obligation to direct that Section 189 of the 1999 Constitution be complied with.
