Court Nullifies Kwararafa Third Class Chieftaincy Stool in Gassol
A Taraba State High Court sitting in Jalingo has nullified the Third Class Chieftaincy stool of the Kwararafa Chiefdom in Gassol Local Government Area of the state.
Delivering judgment on Wednesday, Justice Dauda Buba ruled that the appointment, installation and coronation of Chief Methuselah Adamu as the substantive Third Class Chief of Kwararafa Chiefdom were unconstitutional, null and void.
The court held that the installation and coronation of Adamu, which took place on March 23, 2023, was carried out in disobedience to a subsisting court order issued on March 10, 2023, and was therefore liable to be set aside.
According to Justice Buba, the action taken despite the existing court order rendered the entire process invalid.
The suit was filed on March 10, 2023, by Mallam Ibrahim Isa, who challenged the appointment. The defendants in the case included Methuselah Adamu as the first defendant, the Executive Governor of Taraba State as the second defendant, the Attorney General and Commissioner for Justice as the third defendant, and the Kwararafa Chiefdom Council as the fourth defendant.
In his amended statement of claim accompanying the writ of summons, the plaintiff sought to be recognized as the duly appointed and substantive Village Head of Kwararafa Village in Wuryo District of Gassol Local Government Area.
The court heard that the plaintiff had earlier been appointed Village Head in accordance with native law and custom, supported by appointment letters dated February 21, 2012, and August 2014, which he argued qualified him for installation as the Third Class Chief.
Justice Buba noted that the plaintiff did not challenge the creation of the Kwararafa Chiefdom, but rather the subsequent appointment and installation of the late Mr. John Agbu and later Chief Methuselah Adamu as Third Class Chiefs by the Taraba State Government.
The judge further observed that the plaintiff argued that the appointees were not natives of Kwararafa by birth and did not belong to any recognised ruling family of Kwararafa/Wuryo or Gassol Chiefdom, and that their appointments were made contrary to established native laws, customs, and procedures guiding nomination, selection, approval and coronation of traditional rulers.
Following the judgment, N500,000 was awarded to the plaintiff as expenses incurred during the legal process.
Reacting to the ruling, Barrister Umar Danladi, Principal State Counsel in the Taraba State Ministry of Justice, said the state government would appeal the judgment at the Court of Appeal, Yola Division.
Counsel to the first and fourth defendants, Barrister Joseph Gamu, said they would study the judgment before deciding on their next line of action.
Meanwhile, a community member from Kwararafa, MallamAbubakar Bello, urged the state government to carefully consider the judgment and take steps that would promote peace in the area.
He also advised all parties involved to avoid actions capable of deepening divisions within the community.
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