Deputy governor of Taraba State, Alhaji Garba Umar has formally declared himself as the governor of the state, making history as the second deputy civilian governor in Nigerian history to take over power by extra-constitutional means.
On July 10, 2003, then deputy of Anambra State, Hon Okey Udeh, declared himself governor after the state legislators had acted on a letter of resignation purportedly authored by the governor, Dr. Chris Ngige.
In the case of Taraba, however, the state governor, Mr. Danbaba Suntai has not died, resigned or been impeached, yet his deputy, Umar, has declared himself “executive governor.”
In a letter dated 30th October 2013, Umar told the state legislators that, “pursuant to section 192 of the constitution of Federal Republic of Nigeria, and all powers enabling me in that regard, I have the honour of forwarding herewith the list of nominees” for appointment as commissioners “for your consideration and confirmation.”
Umar concluded thus, “Thank you very much in anticipation of your early and prompt response and I look forward to a more fruitful and cordial working relationship please.”
Alhaji Garba Umar signed on the official letterhead of the “Office of the Executive Governor of Taraba State” as “Executive Governor.”
Reacting to Umar’s coup, a coalition of civil society organisations in Nigeria said it was now clear some forces were bent on destabilising Taraba State.
“It is clear that the Speaker and House of Assembly in collusion with the deputy governor, who is now claiming to be executive governor, are bent on destabilising the state; they are now in the Hollywood paradigm ‘Above the Law Parts 1 and 2,” the coalition lamented.
The coalition warned of the backlash of what it said was the “affront on the rule of law, disobedience to court order, and erosion of democracy in Taraba State.”
Comrades Opeyemi Duke and Phillip Agbese, of Conscience Nigeria and Centre for Good Governance, Peace and Media Advocacy respectively challenged “every lover of democracy” to condemn “events in Taraba State where the rule of law and court orders are treated with disdain.”
However, national coordinator, Human Rights Writers’ Association of Nigeria (HURIWA), Comrade Emmanuel Onwubiko blamed Umar’s legal advisers for the blunder.
“I don’t think the deputy governor understood what he wrote. He could not have addressed the letter as governor. The constitution is crystal clear on how a deputy governor can become governor. None of these have been met, so Umar cannot address himself as governor,” Onwubiko submitted.
National President, Coalition of Civil Society for Transparency in Governance, Ibrahim Ali, Director, Equity Advocate, and Muhammed Hussein of Good Governance Group Initiative all condemned what they described as contempt for court orders by Umar.
“There is evidence to show that Dr. Alex Iziyon, OFR, SAN, wrote and drew attention of the deputy governor to such illegality…the lawyer also wrote the Speaker and the House of Assembly…explaining the legal position in the Nigerian legal system.
“It is a shame therefore for the deputy governor to say that he was not aware of the case or the court order,” they submitted.
Mrs Ada Okorie and Dr. Felicia Ani of Better United Nigeria Women and Child Labour Prevention Foundation respecively called on “all well-meaning Nigerians, the judiciary, and indeed Mr. President to rise to the occasion and protect the rule of law.
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