The All Progressives Congress (APC) Taraba State chapter has called on the state’s governor Agbu Kefas to urgently furnish the people of Taraba with information on the whereabouts of the deputy governor, Alhaji Aminu Arkari.
The spokesman of the party in the state, Mr. Aeron Atimas, stated this while speaking with LEADERSHIP in Jalingo on Wednesday.
The opposition party asked the governor to be accountable to the people by revealing the whereabouts of the deputy governor, stating that the people deserve to know about those they elected into public offices.
“The deputy governor is elected into office by the people of the state, he is not the personal property of the governor, we demand to know his whereabouts, if he is sick, let the state House of Assembly constitute a medical panel to ascertain his health condition.
“What we want is, let the governor come out and display accountability to the people, we are not after the removal of the deputy governor but we want to know where he is, how he is feeling and why he has not been in the office for over three months.”
Meanwhile, a constitutional lawyer in Taraba state Bar. P D. Pius condemned the absence of the governor and his deputy from the state at the same time, describing the situation as unconstitutional.
Pius while speaking with our correspondent said, “Section 176(1) of CFRN established the office of the Governor of a state. Making him the Chief Executive Officer of the state. Section 186 on the other hand established the office of a Deputy Governor. The Deputy Governor is liken to a spare tyre. He steps in to act whenever the Governor is not available or is proceeding on vacation or is unable to discharge the functions of his office.”
He said it was for this reason that section 190(1) provides that whenever the governor is not available, his deputy will act until the governor returns.
He said the Constitution further provided that once the governor is absent for more than 21 days then the House of Assembly can pass a resolution declaring the deputy governor to function as acting governor.
“This means that at all times, we must either have a Governor in the state or an Acting Governor in the state. Both cannot be absent.
Does this reminds of the doctrine of necessity invoked by National Assembly in favor of Goodluck Jonathan during Late President Yar’Adua’s absence?
“It can therefore be concluded that where the Governor has released his Deputy to be absent or to go on vacation or sick leave, then the Governor cannot enjoy the liberty of traveling outside the state nor outside Nigeria.
“Reason being that if he is unavailable for more than 21 days, there will be no available Deputy Governor to become Acting Governor as designed by the Constitution. This will led to constitutional crisis. The State may experience a lack of leadership or vacuum which nature abhors.”
He said there is no time limit for which the deputy governor may be away from office except where the State Executive Council has communicated to the Speaker of the House of Assembly to set up a medical panel that finds him incapacitated under section 189 of the constitution.
He said in this light the deputy governor can be away even for the whole tenure.
“However, the Governor must avail himself to the state while his deputy is away to avoid constitutional crisis or quagmire. In simple terms, for everyday that the Deputy Governor is away, the Governor ought to be present. It is worse where the trilogy of Governor, Deputy Governor and Speaker of the House of Assembly are all away,” Pius stated.
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