Kwararafa Chieftaincy tussle, Court awards N.3 million fine against Taraba State government

By Lateef Taiwo

A Jalingo High Court has awarded a N300,000 fine against Taraba State government and says it has jurisdiction to entertain the case of alleged arbitrary creation of Kwararafa Chiefdom out of Gassol Chiefdom brought before it by one Mallam Ibrahim Isah.

Delivering his ruling on an interlocutory objection by the defendants, challenging jurisdiction of the court and the expiration of the period of filling the suit by the plaintiff on Friday, the trial judge, justice Dauda Buba awarded a N300,000 fine against the defendants and hold that the court reserves jurisdiction to entertain the matter.

Mallam Ibrahim Isah sometimes in 2018, dragged the Taraba State government, the Attorney general of the state and Kwararafa Chiefdom before the High court challenging the creation of Kwararafa Chiefdom out of Gassol Chiefdom by the state government.

Counsel to the defendants, U.D. Umar had on three occasions raised preliminary objections challenging the jurisdiction of the court to entertain the matter and argued that the plaintiff filed the case outside the three months statutory period allowed by law to institute an action before a compitent court.

The counsel to the defendants had also on two occasions appealed the ruling of the Jalingo High court on issues of jurisdiction to the court of appeal but the appeals were thrown out and referred back to the Jalingo High court.

Reactng to the ruling, the counsel to the plaintiff, Barrister Saleh Wakili accused that the defendants, the Taraba State government, Attorney general of the State and the Kwararafa Chiefdom of deliberately frustrating the case

He disclosed that his client had in 2018 dragged the defendants before the High court and opposed the creation of Kwararafa Chiefdom out of the existing Gassol Chiefdom by the former Administration of Governor Darious Dickson Ishaku in 2019.

According to Barrister Wakili, his client also opposed the appointment of Late John Agbu TSokwa as 3rd Class Chief of Kwararafa in 2019.

Wakili further disclosed that on 10th March 2023, the trial judge, Justice Dauda Buba through a motion Ex-pate filed by the counsel to the plaintiff granted the following orders.

1. AN ORDER of interim injunction restraining the Defendant/Respondent, who are the Executive Governor of Taraba State, the Attorney General of Taraba State and the Kwararafa Chiefdom traditional Council to either by themselves, purveys, Agents, Representatives directly or indirectly from appointing, installing, recognizing, coronating any person, temporary or permanently and or otherwise as the substantive 3rd Class Chief of Kwararafa Chiefdom of Gassol Local Government Area of Taraba State pending the determination of the motion on notice in suit No.TRSJ/85/2018 BETWEEN M IBRAHIM J. ISA VS. THE EXECUTIVE GOVERNOR OF TARABA STATE & 2 ORS: and

2. AN ORDER of interim injunction restraining the Defendants/Respondents from redirecting any person whosoever, directily or indirectly from parading himself or themselves as the Representatives of the Departments in kwararafa Village of Gassol local government Area of Taraba State pending the determination of the motion on notice in Suit No. TRSJ/85/2018.

Barrister Wakili lamented that despite the Court order the State government and the other defendants, flagrantly disobeyed the court and went ahead to appoint one Meithusela E. Adamu as the 3rd class Chief of Kwararafa on March 23, 2023 to replace late John Agbu TSokwa.

Barrister Wakili viewed the appointment as a gross contempt of court, an abuse of the rule of law and a mockery of the judiciary.

Meanwhile, the trial judge, justice Dauda Buba has adjourned the case to July 15, 2023 for continuation of hearing.