Group of 16 want Suntai out, and they are in court just to make sure

The 16 plaintiffs through their counsel, Yahaya Mahmood (SAN), want the court to determine whether the provision of section 189 of the 1999 Constitution and the present health condition of the governor put the Assembly under a constitutional obligation to declare him “incapable of discharging the functions of his office”.

Section 189 provides that “The Governor or Deputy Governor of a State shall cease to hold office if by a resolution passed by two-thirds majority of all members of the executive council of the State, it is declared that the Governor or Deputy Governor is incapable of discharging the functions of his office.”

The Peoples Democratic Party (PDP), Attorney General of the Federation, Attorney General of the state and the state House of Assembly are the other defendants in the suit.

However, when the case came up Wednesday, the trial judge, Justice Elvis Chukwu, ruled that the suit should have been filed at the Taraba Division of the court, since there was no security threat in the state.

Following the plane crash on October 25, 2012 in which Suntai sustained injuries, the state chapter of the party has remained deeply fragmented.

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