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By Joseph A. Adudu
December 10, 2019.
The Federal High Court, Jos
Division has adjourned till February 12, 2020 for ruling in an application
filed by Dalyop Solomon Wwantiri, Stephen BadungJugu and Rwang Chuwang for
themselves and on behalf of all Berom indigenes of Jos South, Barkin Ladi,
Riyom and Berom Districts in Jos North Local Government Areas of Plateau state
seeking to be joined in a fifty billion naira case between Fulani community in
Plateau state and the Federal Government.
Ardo Ruwa Isau,
Ardo Abubakar Dankali, Suleiman AbubakarJibrin, M. Muhammad Ahmad and M. Isa
Gaga had in 2016, on behalf of the Fulani community of Plateau state filed
a case at the Federal High Court, Jos Division in suit No: FHC/ J/ CS/ 11/ 2016
seeking declaratory reliefs and monetary compensation against the Federal
Government for the lives and properties lost by the plaintiffs within the
periods of 2007-2012 in Jos South, Riyom and Barkin Ladi Local Government Areas
of Plateau State.
When the case
file was called today, Edward Pwajok, a Senior Advocate of Nigeria (SAN) and
counsel for parties seeking to be joined told the court that the matter was
adjourned till today for the hearing of the motion of the applicants to be
joined in the suit. "We have filed and served all the necessary processes,
specifically, the motion to be joined and our reply to counter affidavit of the
plaintiffs. Subsequent to the convenience of the court, we are ready to move
our motion", said counsel.
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| Edward Pwajok (SAN) (middle), Barrister Niri Daron (left) with Chiefs and elders of Berom nation at the premises of the Federal High Court Jos on Tuesday |
M.M Nurudeen and
Abdullahi Inuwa Counsels for the Plaintiffs/ Respondents and the defendants all
declared their readiness; though counsel for the plaintiffs made clear his
intention to oppose the motion.
Moving the motion
on notice, counsel told the court that it was dated November 26, 2019 and filed
the same day. “My Lord, this motion is brought pursuant to Order 9 rule 5 of
the Administrative of Criminal Justice Act (ACJA) and the inherent jurisdiction
of this court. The motion is accompanied with affidavit of 22 paragraphs. There
is also a Written Address in support of the motion. We adopt same as our
argument in this matter”, counsel said.
Counsel further
told the court that they have been served with a Counter affidavit by the
plaintiffs/Respondents dated December 03, 2019. "In response to the counter
affidavit, we filed a reply on point of Law dated December 06, 2019 but filed
December 09, 2019. We adopt the said reply as our argument on point of law in
response to the counter affidavit" said counsel for parties seeking to be
joined.
In his submission,
counsel for Plaintiffs/Respondents opposed the application stressing that they have
filed a Counter affidavit as well as a written brief of argument to that effect.
"Our counter affidavit as well as the Written Address was filed on
December 12, 2019. We adopt these and urge your Lordship to dismiss this
application because it is devoid of merit", said counsel. He added that in
so far as the application was concerned, no single relief was sought against
the applicants. He however, acknowledged the fact that Berom have also suffered
heavy losses as a result of the crises stressing that in the circumstances, the
Berom ought to have filed their case as plaintiffs so that both the Fulani and
the Berom could both hold the Federal Government ransom of the unfortunate lost
of lives and properties in Plateau state and not seeking to be joined because,
according to counsel, the law of the case does not support joinder. “Unfortunately
my Lord, the justice and the law of this case do not support joinder. So, we
respectfully urge your Lordship to dismiss this application because it is
lacking in merit", said counsel.
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| MM Nurudeen, (SAN), counsel for the Plaintiffs/respondents with some Fulani Ardos |
In his reply on
point of law, counsel for parties seeking to be joined told the court that
their application was all about fair hearing in line with the constitutional
rights of parties seeking to be joined as enshrined in section 36 of the
Nigerian Constitution 1999 as amended and also on the authority of Julius
Berger Nigeria PLC against Mr. Mike Obaseke CA decision reported in 2013
LPLER, page 21011 particularly at page 16 and urged the court to discountenance
the submission of counsel for Plaintiffs/Respondents and grants the application
of parties seeking to be joined.
On the submission
by counsel that the plaintiffs/ Respondents' claim does not contain any reliefs
or grievances against the parties sought to be joined, rather, that the entire
claim and orders to be made by the court is against the Federal Government
which is the authority responsible for protecting lives and properties of
Nigerians, counsel for parties seeking to be joined told the court that, that
submission was malicious and capable of misleading the court. "It is
interesting that the plaintiffs/Respondents would state, perhaps in a carefree
manner that they don't have any grievance against the Berom when in apparent
contradiction, they alleged quite clearly and unequivocally in their statement
of claim and all their witness statements that their kinsmen were killed and
their houses and cattle were destroyed or carted away by the Berom people"
counsel added that there are grave allegations by the Fulani that "
hordes" of Berom people killed Fulani in Jos South, Riyom and BarkinLadi
Local Government Areas. "My Lord this raises the question as to whether or
not the Berom killed Fulani in these Local Government Areas. So, this question
must be answered before reliefs are granted or denied", counsel for
parties seeking to be joined said.
In conclusion, he
urged the honourable court to discountenance the submissions of counsel to the
plaintiffs/respondents to the effect that the applicants are not necessary
parties to the suit and hold that the applicants were not only necessary
parties but that their presence was crucial to the effectual determination of
the case.
Justice Dorcas
Agishi adjourned the matter till February 12, 2019 for ruling of the
application.
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