Lawyer Disagrees With Taraba APC, Says No Time Limit For Deputy Governor's Absence

•Only State Executive Council Can Write Assembly To Constitute Medical Panel - P.D. Pius

A legal practitioner, Barrister P.D. Pius, has disagreed with the Taraba State Executive Committee of the All Progressives Congress (APC) over the prolonged absence of the state's Deputy Governor, Alhaji Aminu Abdullahi Alkali. 

Barr Pius emphasized that the Nigerian Constitution does not impose a time limit for which the Deputy Governor may be absent from office. Instead, he stated that only the State Executive Council has the constitutional authority to request the State House of Assembly to constitute a medical panel to assess the Deputy Governor's fitness for office.

The APC recently expressed concern about the Deputy Governor's ongoing absence and the lack of official communication from the state government regarding his condition.

 Taraba Truth and Fact newspaper reported that Alhaji Alkali is currently receiving medical treatment abroad for an undisclosed health issue. Meanwhile, political factions are allegedly attempting to replace him, despite no formal medical report declaring him unfit to continue in office.

Responding to these development, Barr. Pius argued that there is no prescribed time limit for a Deputy Governor's absence. "A Deputy Governor can be away for the entire tenure of his office if the Governor has given him permission to do so, whether for vacation or health reasons," Pius explained.

Pius also pointed out the constitutional distinction between the Governor and the Deputy Governor, noting that Section 176(1) of the Constitution of the Federal Republic of Nigeria (CFRN) establishes the office of the Governor, making him the Chief Executive Officer of the state, while Section 186 establishes the office of the Deputy Governor, who primarily acts in the absence of the Governor.

According to Barr Pius, Section 190(1) of the Constitution provides that the Deputy Governor assumes the role of Acting Governor when the Governor is unavailable. If the Governor is absent for more than 21 days, the State House of Assembly must pass a resolution for the Deputy Governor to serve as Acting Governor. He emphasized that the Constitution ensures that there is always either a Governor or an Acting Governor in the state, but never a complete absence of leadership.

"The Deputy Governor's absence does not have a time limit, unless the State Executive Council officially communicates with the Speaker of the House of Assembly to form a medical panel under Section 189 of the CFRN to determine his fitness to continue in office," Pius added. He further noted that if the Deputy Governor is absent, the Governor must remain in the state to avoid creating a leadership vacuum, which could lead to a constitutional crisis.

In the case where the Deputy Governor is absent and the Governor is also unavailable, Pius stressed the risks of a leadership vacuum, similar to the "doctrine of necessity" invoked by the National Assembly when President Goodluck Jonathan took over during the late President Yar'Adua's absence. He concluded, "For every day the Deputy Governor is absent, the Governor must remain present to avoid a constitutional quagmire."

Meanwhile, the APC has raised concerns over the state's leadership situation. Hon. Aaron Artimas, the Publicity Secretary of the APC Taraba State, issued a statement saying that the Deputy Governor has been absent for nearly 100 days with no official clarification from the government. He emphasized that the people of Taraba have a constitutional right to be informed about the health status of their elected leaders, and transparency must be upheld.

The APC called on the government to either issue an official statement clarifying the Deputy Governor's health status or invoke Section 189 of the Constitution to form a medical panel. "Taking these steps will put an end to the speculation and provide clarity on the state's leadership situation," Artimas concluded.