A High Court sitting in Jalingo, the capital of Taraba State on Friday declared as null the medical panel set up by the Speaker of the State House of Assemby, Josiah Kente, to investigate the health status of Governor Danbaba Suntai.
The controversy had started two years ago, when Suntai sustained sever injuries after an aircraft he piloted crashed somewhere around the state.
Since the crash, Suntai had been in and out of the hospital abroad with many still believing that he is health is too still too poor to continue as governor and is only being used by a cabal in the state who are not comfortable with the acting governor, Garba Umar
On Friday, Justice Silas Haruna said the action of the State’s Executive Council and the State House of Assembly in setting up the panel was a usurpation of judicial process.
During a judgement that lasted for five hours, Haruna said Suntai had already filed a suit before the state high court, challenging the decision of the house of assembly to stop him from resuming duty after he transmitted a letter to that effect on 26th August 2013.
“There are two cases on this matter: one between Mr Bello Mustapha against Suntai at the Supreme Court and Suntai against the House of Assembly at the state high court; both are served on the defendants,” Haruna said.
“Their action of setting up the panel to investigate Suntai is thus a usurpation of the powers of the Supreme Court and the state high court.
“It is, therefore, illegal, null and void.”
Haruna ordered the parties not to take further action on Suntai until the determination of the substantive suites at various courts.
He noted that any party that was not satisfied with the judgement had 90 days to proceed to appeal.
Lead Counsel to Umar, Chris Uche, a Senior Advocate of Nigeria (SAN) said they were not satisfied with the judgement but would study it carefully and take further action.
Lead Counsel to Suntai, Alex Iziyon, SAN who was represented by Elijah Nyaro, said he was happy that justice had finally been served on the medical panel issue