The All Progressive Congress (APC) Taraba state chapter has called on the state’s governor, Agbu Kefas, to furnish the people of Taraba with information on the whereabouts of the deputy governor, Alhaji Aminu Arkari, as a matter of urgency.
The party’s state spokesman, Mr Aeron Atimas, stated this 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 governor’s personal property. 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.
“We want to 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 governor and his deputy’s simultaneous absence from the state, describing the situation as unconstitutional.
While speaking with our correspondent, Pius said, “The Constitution of the Federal Republic of Nigeria, 1999 (as amended) is said to be supreme. Its provisions are sacred. What does it say about a Governor travelling abroad with no one in charge?
“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 likened to a spare tyre. He steps in to act whenever the Governor is unavailable, is proceeding on vacation, or cannot discharge the functions of his office.
“It was for this reason that section 190(1) provides that whenever the Governor is unavailable, the Deputy Governor will become Acting Governor until the Governor returns. The Constitution further provides that once the Governor is absent for more than 21 days, the House of Assembly can pass a resolution declaring the Deputy Governor to act as Acting Governor. This means that at all times, we must either have a Governor or an Acting Governor in the state. Both cannot be absent. Does this remind you of the doctrine of necessity invoked by the National Assembly in favour of Goodluck Jonathan during the 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, the Governor cannot enjoy the liberty of travelling outside the state or Nigeria. If he is unavailable for more than 21 days, the Deputy Governor will be unavailable to become Acting Governor as designed by the Constitution. This will lead to a constitutional crisis. The State may experience a lack of leadership or a vacuum, which nature abhors.
“There is no time limit for the Deputy Governor to 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 CFRN. Thus, a 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 a constitutional crisis or quagmire. In simple terms, for every day the Deputy Governor is away, the Governor should be present. It is worse when the trilogy of Governor, Deputy Governor, and Speaker of the House of Assembly are all away,” Pius stated.
