The Taraba State High Court sitting in Jalingo on Wednesday nullified the appointment of the Third Class chief of Kwararafa Chiefdom in Gassol Local Government Area of the state.
Delivering judgment 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 1st 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 1st Defendant; the Executive Governor of Taraba State as 2nd Defendant; the Attorney General and Commissioner for Justice as 3rd Defendant; and the Kwararafa Chiefdom Council as 4th Defendant.
In his amended statement of claim, Isa sought recognition as the duly appointed and substantive Village Head of Kwararafa Village in Wuryo District, Gassol Local Government Area.
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 the Kwararafa Chiefdom, and was therefore the most qualified to be installed as 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 state governor.
The court observed that while the creation of Kwararafa Chiefdom was statutory and governed by enabling legislation rather than customary law, the appointment of Adamu could not stand because it was conducted in violation of a subsisting court order.
“The 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 3rd Class chief,” the judge stated.
Justice Buba further 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 of Kwararafa Chiefdom, qualified to be selected, nominated, appointed and installed as Third Class chief.
The court, however, held that the appointment of the late John Agbu did not contravene any native law or custom, as it was governed by legislation.
Justice Buba also awarded the sum of N500,000 to the defendants as expenses incurred by the plaintiff.
Reacting to the judgment, Mr Umar Danladi, Principal State Counsel in the Ministry of Justice, said the Taraba State Government would appeal the decision at the Court of Appeal, Yola Division.
Counsel to the 1st and 4th defendants, Mr Joseph Gamu, said they would study the judgment before deciding on their next line of action.
A community member, Mallam Abubakar Bello, urged the state government to respect the judgment and avoid actions capable of causing disharmony among stakeholders in the chiefdom.
Taraba High Court nullifies appointment of Kwararafa third class chief
