Suntai’s associates prefer power to his health — Sagay

SEPTEMBER 1, 2013  

Prof. Itse Sagay

Constitutional lawyer and Senior Advocate of Nigeria, Prof. Itse Sagay, in this interview with LEKE BAIYEWU, speaks on the politicisation of the Taraba State Governor, Danbaba Suntai’s medical condition and the implication for the polity

Many have likened the manner in which the state of health of the Taraba State Governor, Danbaba Suntai, is being handled to that of late President Umaru Yar’Adua. What are the similarities?

Obviously, they are the same. The facts are similar. The chief executives (Yar’Adua and Suntai) have been ill. The only difference is that in one case (Yar’Adua’s), there was no letter to the legislature to say he was going away, and in the case of Taraba State, there was. Now we have the man supposedly back and supposedly claiming to have transmitted a letter. It is the same thing, really. It is a case of somebody who is ill, apparently trying to carry out his functions through proxies who are behind him.

If you say the letter was supposedly written, are you saying it is questionable?

Let me put it this way: If the governor who is ill actually transmitted the letter – if he actually did so – technically, it could be accepted. But in a situation where the man is under control and cover of a group of people, and he’s not fit to speak; he cannot come out to address the state, the Speaker of the state House of Assembly is entitled to have a doubt and to insist that his doubts be clarified by seeing the man (Suntai) and judging by himself that he’s capable of carrying on with the functions as the head of government of the state.

Now that the House has asked the governor to return to his United States hospital for further rehabilitation until he is fit, for how long can he be away from his duty post without breaching the law?

There is no limit to the time a chief executive can spend to recuperate; there is no limit in the constitution. I think the whole issue boils down to two things — the spirit of the constitution rather than the literal words and operating in good faith. Those are the two factors. Nigerian politicians are known to behave badly because they operate in bad faith. The suspicion is that a group of people, who are close to the governor, want to exercise the powers of the governor, even though they are not constitutionally eligible to do so. It is the deputy governor, who is supposed to exercise the power when the governor is indisposed. But a group of people suspected to be around him want to exercise the illegitimate power and, therefore, are putting up all sorts of fake presentations to mislead the public.

This is an issue of bad faith and we have seen it happen several times in this country. We saw it during the Yar’Adua case; we saw the way games were played with that of Sullivan Chime of Enugu State. There is bad faith, therefore, there is doubt.

Some observers have said Suntai was hurriedly taken back to the state to forestall his removal from office, as there were plots to declare him incapacitated. Is that not enough reason for his return?

Nobody can take over unless the governor resigns, dies or impeached. Those are the three conditions under which the deputy governor can fully take over. The governor is not resigning, he has not been impeached and he is alive. The deputy governor can only be acting for the period. The overriding point is that if really the man is still ill — we don’t know now; there are too many doubts all over the place — I think he should really attend to his health and come back healthy rather than risking his health because of power. The impression one gets is that those around him are more interested in power than in the health of the governor. I hope that is not true but that is the impression they have been creating. I don’t think there should be suspicion of the acting governor; he cannot take over unless any of those three conditions I mentioned occur.

Considering the position of the constitution on the fitness of a chief executive, which is predominant, mental or physical health? What is the constitutional definition of ‘fitness?’

When we refer to fitness, it is both. In other words, one can be such a physical wreck, even though one is mentally alert, one cannot do the job. The job of the chief executive of a state is a physically-demanding job. Today you’re in one place, tomorrow you’re in another place holding meetings and having various responsibilities, and you’re on the move. It is very demanding. Also, it is mentally-demanding, in the sense that you’re to write memos, read memos, issue instructions, plan strategies, hold meetings; all these require a good mental condition. So, the two are relevant. That is why it is important and better for him to take care of his health. And let the state be managed by the deputy governor as stipulated in the constitution instead of, out of fear of ‘somebody wants to take my position,’ jeopardise his health. It is not necessary.

Human rights lawyer, Mr. Femi Falana (SAN), has called on the Inspector-General of Police to probe into the source of the letter purportedly written by Suntai to the state House of Assembly, seeking his resumption to duty. Where investigations show that the governor did not write the letter, what could be the legal implication of the authors in forging the letter?

Absolutely, that is forgery; that is a fraud. It is a criminal offence. And if that is the case, whoever is responsible and those who conspired with him would have committed a grave criminal offence for which justice should be visited on. If a person commits forgery, it is a criminal offence and he should be prosecuted.

This is it: People are ready to go to any extent in this desperate crave for power and resources in this country. That is what is finishing off this country. There is no morality, no standards, and nothing; just absolute determination to grab. Today, it is a very serious thing and the implication is that we have in Nigeria an immature polity being operated by immature politicians who have no sense of responsibility or duty definition.