STEPHEN OSU reviews the recent injunction of the Taraba High Court in respect of the case of governor Danbaba Danfulani Suntai and the five-man medical panel and what it portends for the people of the state
How it started
A motion exparte filed by ailing governor Danbaba Danfulani Suntai, through his counsel, Barrister Elijah Nyaro was brought before the Jalingo high court pursuant to order 10 rule 1, 2(1) 6&7(1)&(2) order 8rules 5 (1) and (2) of the Taraba state high court civil procedure rules 2011 and under the inherent jurisdiction of the honorable court.
The matter, dated 23rd September 2014, has it recorded by the Taraba state judiciary as case number TRSJ/181m/14. In the Danbaba Danfulani Suntai , the executive governor of Taraba state is the sole Plaintiff applicant, while the honorable speaker, The Taraba state house of assembly and the state acting governor Garba Umar as first, second and third respondents.
Reliefs sought
Leave to the plaintiff applicant for the court to hear all the pending applications in the suit during vacation as same are extremely urgent, the plaintiff applicant also sought leave for the court to restrain the five man medical panel or a body of persons constituted or set up by the 1st, defendant pursuant to the directive given by the Taraba state executive council, appointed by the 3rd defendant from carrying out any action, or taking any step or any further step what so ever to verification or examine the plaintiff with the aim of determining his health status, preparing and submitting any such report to any person.
The plaintiff applicant also sought leave of court for a substituted service just as he sought leave for an order of accelerated hearing of the matter.
Ruling.
The trial judge, Justice Silas Haruna granted the first, thus, the leave for the court to hear all the pending applications in the suit as same are extremely important, the court also granted an injunction restraining the 1st 2nd and 3rd respondents either by themselves or agents from taking any further steps or actions or doing anything in any manner or otherwise in relation to the office of the executive governor of Taraba state as occupied by the plaintiff/applicant.
The trial judge sited order 9 rule5 of the rules of the Taraba state high court and convinced with the fact that the court has the powers to abridge from the 30 days as stipulated by rules of the court the duration to enter appearance in the suit was abridged to 15 days and the defendants were given within six days from the day of service to file their counter affidavits, written addresses and other motions on notice to interlocutory injunctions and originating summons
The judge however refuse to grant the relief seeking to restrain the five-man medical panel constituted by the speaker Taraba state house of assembly to examine Suntai, according to him the panel was not joined in the matter and therefore the court lack the jurisdiction to restrain them, the court also decline to order for substituted service as according to the trial judge all the respondents applicants are resident in Jalingo and no attempt of personal service have been established, the relief for the accelerated hearing Justice Haruna said was premature as issues have not been joined by the parties., the court however fixed Friday September 26 for the determination on the motion for an order of interlocutory injunction.
The reactions
As justice Silas Haruna rose from the proceedings at court 10, where he took charge of the proceedings, supporters of both sides had started clicking glasses of wine and having warm handshakes in celebration of their victory. The pro-Suntai group celebrated the fact that all the respondents were restrained from taking any step in relation to his office. To the governor’s group, the five-man medical team has been rendered impotent as their report could not be received by all the respondents who assigned them.
Another reason for their merry-making was because the matter could be listened to in the vacation period to avoid the delay of justice in the matter which could avoid the anticipated damage or reduce the effect on the plaintiff.
To the three respondents and their supporters, it was victory in disguise as their medical team was not restrained from carrying out their constitutional responsibility of ascertaining the health status of the ailing Taraba governor Danbaba Danfulani Suntai.
The salient Issues
The very important issue in the whole legal tussle is the fact that the five-man medical team was not involved in the suit as party in the matter and that informed the decision of the trial judge not to restrain them from doing their assignment. Others look at the whole affair as professional blunder by the counsel to Suntai, but others are of the view that the omission was deliberate.
Another salient issue is that exparte injunctions have a life span of seven days by law within which they become powerless, apart from the fact there have been Supreme Court verdict on the exparte order declaring it obsolete, it also has a major defect by law – which is that it has no bearing on the constitutional responsibility of the victim.
The big implication in the instant case is that the period within which the two legal teams battled with technicalities, has to be within seven days, as anything outside that will render Suntai’s efforts ineffective; as the Speaker of the state house of assembly can effectively receive the report of the medical panel and act on same.
Conclusion
Contrary to some media reports that the five-man medical team has been restrained by the high court, the team is not affected by the exparte order and has all the authority to seek for justice and that of the over three million Taraba people, while the cases can also be ongoing at the Jalingo High Court during vacation period.
Now, the battle for the sympathy and solidarity of political heavyweights by the actors is progressively becoming intensified. But to the Taraba common man on the street of Jalingo, the simple prayer is that justice would be allowed to prevail, no matter whose ox it gored.