A major legal and political crisis is unfolding in Taraba State following a landmark judgment by the Taraba State High Court nullifying the appointment and coronation of the Third Class Chief of Kwararafa Chiefdom in Gassol Local Government Area.
In a ruling delivered on Wednesday 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 on March 23, 2023, was carried out 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 instituted by Mallam Ibrahim Isa, who challenged the legitimacy of Adamu’s appointment. Isa named 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.
He argued that he had been appointed in line with native law and custom on February 21, 2012, with further confirmation in August 2014 — years before the formal creation of the Kwararafa Chiefdom.
Isa maintained that he was the most qualified candidate to ascend the Third Class stool.
Justice Buba clarified that the plaintiff was not challenging the creation of the chiefdom itself but rather the subsequent appointments — first of the late Mr. John Agbu and later of Adamu — by the state government.
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In a significant legal distinction, the court observed that the Kwararafa Chiefdom is a statutory creation governed by enabling legislation rather than customary evolution.
“The Kwararafa Chiefdom is a statutory creation, and it is the enabling legislation that regulates the mode of appointment of the Chief,” the judge stated.
The court noted that while the governor may act within powers conferred by law where legislation is silent, such authority does not extend to actions taken in defiance of an existing court order.
Justice Buba further affirmed that Isa had the legal standing (locus standi) to institute the action and recognized him as a member of a legitimate ruling house qualified for consideration as Third Class Chief.
However, the court ruled that the appointment of the late John Agbu did not contravene any native law or custom, as it was governed strictly by statute.
Reacting to the judgment, Mr. Umar Danladi, Principal State Counsel in the Ministry of Justice, announced that the Taraba State Government would challenge the decision at the Court of Appeal, Yola Division.
Counsel to the 1st and 4th defendants, Mr. Joseph Gamu, said his clients would carefully study the judgment before determining their next course of action.
A community member who spoke to our correspodent urged the government to handle the matter with caution, advising authorities to respect the court’s pronouncement and avoid actions that could widen divisions among stakeholders in the chiefdom.
Implications
The ruling is expected to have far-reaching implications for traditional institutions in Taraba State, particularly regarding the balance between statutory authority and customary legitimacy in the appointment of chiefs.
Legal analysts say the judgment reinforces the principle that executive powers must be exercised within the bounds of the law and in compliance with subsisting court orders.
As the case heads to the appellate court, tensions remain high in Kwararafa Chiefdom, with political observers warning that the outcome could redefine the contours of traditional leadership disputes across the state.
