High Court Nullifies Third Class Chief Appointment in Taraba

The Taraba State High Court has declared the appointment, installation, and coronation of Chief Methuselah Adamu as the Third Class Chief of Kwararafa Chiefdom in Gassol Local Government Area null, void, and unconstitutional.

In a judgment delivered in Suit No. TRSJ/85/2018, Justice Dauda Buba set aside the actions taken on March 23, 2023, ruling that they flagrantly violated a subsisting court order dated March 10, 2023, restraining such proceedings.

“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 declared.

The plaintiff, Mallam Ibrahim Isa, had sued Methuselah Adamu (1st Defendant), the Executive Governor of Taraba State (2nd Defendant), the Attorney General and Commissioner for Justice (3rd Defendant), and the Kwararafa Chiefdom Council (4th Defendant). Isa sought recognition as the duly appointed Village Head of Kwararafa Village in Wuryo District, Gassol LGA, citing his prior appointments in 2012 and 2014 under native law and custom, which he argued qualified him for the Third Class chief position following the chiefdom’s statutory creation.

The court affirmed Isa’s locus standi as a member of a recognised ruling house eligible for the stool. While noting that the late John Agbu’s earlier appointment as chief complied with the enabling legislation and native customs, Justice Buba held that Adamu’s subsequent selection did not, due to the breach of the interim 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.

The court awarded N500,000 in costs to the defendants for expenses incurred by the plaintiff during the litigation.

The ruling stems from a long-running chieftaincy tussle in the area, where community leaders had previously protested the appointment as a defiance of judicial directives.

Taraba State Government, represented by Principal State Counsel Mr Umar Danladi, has indicated plans to appeal the decision to the Court of Appeal, Yola Division. Counsel for the 1st and 4th defendants, Mr Joseph Gamu, said they would study the judgment before determining next steps.

A community member, Mallam Abubakar Bello, called on the state government to respect the court’s ruling to avert disharmony in the chiefdom.

The decision could open the path for Mallam Ibrahim Isa’s recognition as chief, pending any successful appeal or further proceedings. The Kwararafa Chiefdom remains a statutory entity governed by specific legislation, with appointments subject to legal oversight.

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