Court declines to stop medical panel on Suntai

The 5-man medical team was set up by the State House of Assembly on Saturday to determine whether the ailing governor is fit enough to discharge his responsibilities.“This court lacks jurisdiction to make an order against a body which has not been joined as proper or necessary party,” Justice Silas Haruna said in his ruling […]

The 5-man medical team was set up by the State House of Assembly on Saturday to determine whether the ailing governor is fit enough to discharge his responsibilities.
“This court lacks jurisdiction to make an order against a body which has not been joined as proper or necessary party,” Justice Silas Haruna said in his ruling yesterday on a motion that sought to stop the medical panel.
Counsel to Governor Suntai, Alex Iziyon (SAN) had brought an ex parte motion before the court seeking an order of interim injunction restraining the medical panel from carrying out any examination for the purpose of determining the medical status of Suntai as directed by the Taraba State Executive Council.
Those joined as defendants in the suit include Speaker of the Taraba State House of Assembly, the State House of Assembly and Acting Governor Garba Umar.
The court ordered the Speaker Josiah Sabo Kente, the House of Assembly and Acting Governor Umar from taking any action on Suntai’s office pending the determination of a motion on notice fixed for Friday.
Justice Haruna ordered all the parties in the case to maintain the status quo and desist from taking any action in respect of the office of the governor which is capable of causing breach of peace and breakdown of law and order in the state.
“Any of the parties that violate these court orders would be cited for contempt of orders of this court and be remanded in prison custody upon proper application to that effect until he purges himself of the contempt order,” he said.
The court ordered the Speaker, the House of Assembly and the acting governor to file a counter affidavit and written addresses within six days from the date of service of the motion on notice and enter their appearances for speedy hearing and determination of the suit.
A relief seeking an order of substituted service on the defendants was refused by the court even as another relief seeking accelerated hearing was also rejected on grounds that it is “premature” as issues have not been joined by the parties.
Reacting to the order, Speaker Kente said he was a respecter of the rule of law and pledged to abide by the order if served on him. Kente said he was yet to be served a copy of the court order by the time our reporter spoke to him yesterday.