From Our Correspondent
Taraba State High Court sitting in Jalingo has nullified the appointment of the third class chief of Kwararafa Chiefdom in Gassol Local Government Area.
Delivering judgement yesterday in suit no TRSJ/85/2018, Justice Dauda Buba declared the appointment, installation and coronation of Chief Methuselah Adamu unconstitutional, null and void.
The court held that Adamu’s installation and coronation, carried out on March 23, 2023, was in disobedience of a subsisting court order issued on March 10, 2023.
“The installation and coronation of the first defendant carried out in flagrant disobedience of a valid and subsisting order of this court is null, void and hereby set aside,” Justice Buba ruled.
The suit was filed on March 10, 2023 by Mallam Ibrahim Isa against Methuselah Adamu as the first defendant; the governor of Taraba State as second defendant; Attorney-General and Commissioner for Justice as third defendant and the Kwararafa Chiefdom Council as fourth defendant.
In his amended statement of claim, Isa sought recognition as the duly appointed and substantive village head of Kwararafa Village.
The plaintiff argued that he was appointed village head in accordance with native law and custom, as evidenced by letters dated February 21, 2012 and August 2014, prior to the creation of Kwararafa Chiefdom, and was therefore the most qualified to be installed as the third class chief.
Justice Buba noted that the plaintiff did not challenge the creation of the chiefdom, but rather the appointment and installation of the late Mr John Agbu and, subsequently, Adamu as third class chiefs by the governor.
The court observed that while the creation of Kwararafa Chiefdom is statutory and governed by enabling legislation rather than customary law, the appointment of Adamu cannnot stand because it was conducted in violation of a subsisting court order.
“Kwararafa Chiefdom is a statutory creation and it is the enabling legislation that regulates the mode of appointment of the chief.
“Where the legislation is silent, the governor may act within the powers conferred by law. However, the same cannot be said of the appointment of the present third class chief,” the judge ruled.
Justice Buba declared that the plaintiff had the requisite locus standi to institute the action and affirmed that he is a member of a recognised ruling house in Kwararafa Chiefdom, qualified to be selected, nominated, appointed and installed as a third class chief.
The court, however, held that the appointment of the late Agbu did not contravene any native law or custom, as it was governed by legislation.
Justice Buba also awarded N500,000 against the defendants as expenses incurred by the plaintiff.
Reacting to the judgement, the Principal State Counsel in the Ministry of Justice, Mr Umar Danladi said the Taraba State government would appeal the decision at the Court of Appeal in Yola.
Counsel to the first and fourth defendants, Mr Joseph Gamu said they would study the judgement before deciding on their next line of action.
A community member, Mallam Abubakar Bello urged the state government to respect the judgement and avoid actions capable of causing disharmony among stakeholders in the chiefdom.
