Ben Adaji Jalingo
A Taraba High Court, sitting in Jalingo on Wednesday nullified the Third Class Chieftaincy stool of the Kwararafa Chiefdom in Gassol local government area of Taraba
Delivering judgment in case No. TRSJ/ 85/2018, Justice Dauda Buba ruled that the appointment, installation and coronation of Chief Methuselah Adamu, as the substantive 3rd Class Chief of Kwararafa
Chiefdom amounted to unconstitutional, null and void.
According to Buba, “the installation and Coronation of Adamu, the 1st defendant which was carried out on March 23,2023, in disobedience of the subsisting
order of this Court on March 10, 2023, is null, void, unconstitutional and liable
to be set aside, and is hereby set aside.”
It would be recalled that the suit was filed on March 10, 2023 at the High Court of Justice in Taraba by Mallam Ibrahim Isa who is the plaintiff Versus Methuselah Adamu as1st Defendant and the Executive Governor of the state as 2nd Defendant.
The Attorney General of the state and Commissioner for Justice and the Kwararafa Chiefdom Council as 3rd and 4th Defendants respectively.
Justice Buba said that the Plaintiff, in his amended statement of claim accompanying the amended writ of
summons, sought to be recognized as the duly appointed and substantive Village Head of Kwararafa in Wuryo District, Gassol Local Government Area in Taraba State.
He said that the plaintiff, having been
appointed as Village Head in accordance with native law and custom, as evidenced by letters dated; Feb. 21 2012 and Aug. and August 2014 was most qualified to be installed as the third class monarch..
Buba noted that the Plaintiff does not challenge the creation of Kwararafa Chiefdom but the subsequent appointment and installation of Mr. John Agbu (late), and later the 1st Defendant, Methuselah Adamu as 3rd Class Chief of Kwararafa Chiefdom by the 2nd Defendant (the Governor of Taraba State).
The judge stressed that the Plaintiff proved that both appointees ware not natives of Kwararafa by birth, and do not belong to any recognised ruling family of Kwararafa/Wuryo or Gassol Chiefdom.
He said that the plaintiff further claimed that the appointees were appointed contrary to established native law, customs, and laid-down procedures governing nomination, selection, presentation by kingmakers, approval, installation and coronation.
Justice Buba said that in the light of the foregoing, he was unable to accept the submission of counsel to the Plaintiff that the selection, nomination, appointment, crowning, installation and turbaning of the first 3rd Class Chief of Kwararafa Chiefdom were ultra vires or null and void and a breach of native law and custom of Wuryo District of Gassol Chiefdom or Kwararafa native law and custom.
” The Kwararafa Chiefdom is not an evolution of customary law but a statutory creation and is therefore the enabling legislation that regulates the mode of appointment of the Chief.
“Where the legislation is silent, Governor
may act within the powers conferred by law.
However, the same cannot be said of the appointment of the present 3rd Class
Chief of Kwararafa Chiefdom.
” The appointment and installation cannot be regarded as valid and lawful, having been carried in flagrant disobedience of a valid and subsisting order of Court.
” It is hereby declared: that the Plaintiff has the requisite locus standi to institute this action; and that the Plaintiff is a member of a recognized Ruling House of Kwararafa
Chiefdom and is therefore qualified to be selected, nominated, appointed,
crowned, installed and turbaned as 3rd Class Chief in Kwararafa Chiefdom in
Gassol Local Government Area, Taraba State.
” That the selection, nomination, appointment, crowning, installation and
turbaning of the first 3rd Class Chief of Kwararafa Chiefdom, Mr. John
Agbu (late) did not contravene any native law or custom in Gassol
Local Government Area, his appointment having been governed by legislation
and not by customary law,” Buba added.
” The appointment of Methuselah Adamu is therefore, unconstitutional, null and void, he added.
Speaking to newsmen after the judgment, Bar. Umar Danladi, Principal State Counsel in the Ministry of Justice said that the Third Defendant, which is the Taraba State Government would apoeal the judgment at the Court of Appeal Yola Division.
Also speaking, Bar.Joseph Gamu
Counsel to 1st and 4th Defendants said that they would study the judgment before taking a decision.
Mallam Abubakar Bello, a community in Kwararafa urged the state government to consider the judgment and act accordingly.
Bello also advised the government to avoid actions that could widen disharmony among the litigants.
Justice Buba awarded N500,000 to the Defendants as cost of expenses encured by the plaintiff.
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