By Dak Buoth Riek-Gaak
![Unity State Governor Dr. Joseph Nguen Manytuil Wejang. [Photo courtesy]](https://i0.wp.com/www.sudanspost.com/wp-content/uploads/2022/07/yut.jpg?resize=603%2C300&ssl=1)
This evening, I saw a gubernatorial decree in which the governor of Unity State Dr. Joseph Nguen Manytuil has suspended and appointed the commissioners of Panyijiar and Mayom counties respectively. The first statement that came to mind when I saw this decree was: ‘‘wonders shall never end’’ in Unity State. I then asked myself, where does Governor Manytuil get the powers to suspend and appoint the commissioners in unity state? Recently, on 22nd August 2022, the council of state unanimously passed a vote of no confidence against him. Afterwards, the speaker of parliament wrote to the Presidency, to let governor manytuil resign with immediate effect failure to which he should be axed by the president.
Governor Manytuil’s vote of no confidence came after he failed to convince parliament about his inability and or suitability to contain rampant insecurity particularly the case of extrajudicial killings in Mayom County. After the parliament’s popular decision, he did not challenge his legal removal in any court of law. He just kept silence waiting for the president to act accordingly and in accordance with the parliament’s resolution.
In Paul Alinsky’s book, Rules for radicals, he stated and I quote ‘‘throughout history silence has been regarded as assent.’’. When governor Manytuil maintained pin drop silence without approaching the competent court of law, it means he accepted his impeachment. However, it was the presidency via cabinet affairs minister Dr. Marial Benjamin, who wrongly responded in a letter challenging the parliament saying that parliament lack constitutional jurisdiction to impeach governor Manytuil.
In fact, the letter by Dr. Marial refuting his removal was just an opinion because they are not the court with mandate to overturn any ruling. Hence, Governor Manytuil cannot solely depend on the executive’s opinion. By law, Dr. Manytuil remained impeached. He has no legal power to remove or appoint a county commissioner. As of now, governor Manytuil is only enjoying the temporary incumbency in office. Impliedly, unity state deputy governor, Tor Tungwar, is the person in charge of running the affairs of unity state. This is a reason why when governor Manytuil attempted to return to unity state, he was forcefully ordered to leave unity state and come back to juba with immediate effect.
As matter of fact, his coming back to Juba means he is not legally and physically in office. Therefore, he cannot sack and appoint county commissioners while he is still in exile in juba. He should wait for his case to be heard and determined first. If by any miracle, his legitimacy and powers are restored, then he can return to unity state and issued reasonable decrees of appointment or suspension.
In a nutshell, governor Manytuil has no legal powers to suspend commissioner Honorable Gabriel Majok Bol Mani, who is now on a peace mission in the neighboring Lakes counties. Moreover, suspending the commissioner of Panyijiar, who was appointed on SPLM-IO ticket without the knowledge of the appointing SPLM-IO leadership, is a violation of the peace accord.
Its common knowledge that Panyijiar commissioner, Col. Gabriel Majok did not breach any law neither did he failed in discharging his moral and legal obligations. Thus his suspension is illegal and uncouth. Regrettably, I think by suspending commissioner Gabriel Majok Bol, Governor manytuil was just being personal with the peaceful community of Panyijiar for no reason at all. In 2020, when the Unity State cabinet was form, the communication and information ministry was given to a person from Panyijiar called Hoon Makuei. But a few months later, he suspended honorable Makuei without citing an iota of reason. Up to now, he did reappoint him back.
In view of the foregoing, governor manytuil cannot be allowed to persist with his provocative schemes against the peaceful people of Panyijiar and the great people of unity state. It must be stated clearly, if governor manytuil has a personal problem with the people of Panyijiar, let him come open about it. Let him not use state institutions to subvert the rule of law.
It is true that, even if governor Manytuil was not impeached, or even if he has the requisite powers to sack and appoint, he cannot just wake up and remove a constitutional post holder for no apparent reason.
Governor Manytuil’s dictatorship is becoming too much, and I think time has come to say no to him. It is now becoming true that Governor Manytuil is provoking the good people of unity state with a view to break the law like him. But I hope he will not succeed. Politically, Governor Manytuil is trying to make himself relevant by engaging in illegalities.
The writer is the chairman of Liech community in Kenya, the views expressed here are his own, and he can be reached for comments via eligodakb@yahoo.com.
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