Court Strikes Out Suit Against Kwararafa Chiefdom

A Taraba State High Court sitting in Jalingo has struck out a suit challenging territorial control involving the Kwararafa Chiefdom in Gassol Local Government Area of the state.

Delivering the judgment, Justice Silas Haruna held that the plaintiffs failed to comply with a mandatory pre-action procedure by not issuing a pre-action notice to the defendants before instituting the suit.

The judge upheld the defendants’ argument that the omission violated a fundamental precondition required when initiating legal action against an organisation or group.

He cited relevant authorities, including Tukur v. Gongola State Government (1989) and Adeniyi v. Federal Government of Nigeria (1981), to support his decision.

The suit, marked TRSJ/135/2024, was filed by Alhaji Mansur Mukaila and Comrade Haman Tukur against the Kwararafa Chiefdom and its Third Class Chief, Alhaji Methuselah Adamu, as first and second defendants, respectively.

The plaintiffs had approached the court via an originating summons pursuant to Order 1 Rules 5 and 6 of the Taraba State High Court (Civil Procedure) Rules 2011, as well as Sections 66A and 66B of the 1999 Constitution (as amended).

They sought the court’s interpretation of provisions of the Taraba State Upgrading of Traditional Rulers and Creation of Districts (Amendment) Orders 2018, particularly whether Kwararafa and Yaku-Shamaki are the only recognised districts under the chiefdom.

The plaintiffs also requested clarification on whether several communities, including Tella, Sabon Gida, Disol, Doubeli, Takai, Bolawa, Nanguru, Sarkin Noma, Garin Baba, Bagole, Wurno, Yaku Magaji, Yaku Baba, Garin Jingi, Funawo and Dadin Kowa, fall within the territorial jurisdiction of the Kwararafa Chiefdom.

Additionally, they asked the court to determine whether the second defendant, as the Third Class Chief, could exercise authority over the listed communities if they were found to be outside the chiefdom’s jurisdiction.

Reacting to the judgment, counsel to the defendants, Mr Joseph Agbu, described it as “erudite,” noting that the dispute might have been resolved amicably had due process been followed.

He commended the court for striking out the suit on the grounds of failure to issue a pre-action notice.

One of the plaintiffs, Alhaji Mansur Mukaila, said they will study the judgment before deciding on the next line of action.