Court Summons Taraba Gov, Security Chiefs, Probe Panel

The Federal High Court in Abuja on Wednesday summoned the Governor of Taraba State, Darius Ishaku, the nation’s four service chiefs, and heads of other security agencies, among others, over allegations of bias leveled against the governor in setting up a probe panel on the incessant communal clashes between the Jukun and Tiv tribes in the state.

Justice Ahmed Mohammed issued the order directing the entire 19 respondents to appear in court on August 26 to show cause, why the Commission of Inquiry set up by the governor, should not be restrained from sitting as requested by the plaintiffs.

The plaintiffs, who accused the Taraba State governor of showing hatred against the Tiv people in the state,
comprised an organization of Tiv tribesmen, Mdzough U Tiv, its President-General, Ihigagh Iorbee, who is a retired Commissioner of Police, and four others representing the Tiv people in Taraba State.

The four other plaintiffs are David Uchiv, Jacob Gbagede, Julius Kwaghkar, and Dr. Yakubu Agbiye.

The respondents joined in the suit and summoned by the court on Wednesday included Governor Ishaku, the Taraba State Government, and the Attorney-General and Commissioner of Justice of the state.

The probe panel, officially named, ‘Commission of Inquiry into the crises between Tiv and their Neighbouring Communities in Taraba State and other Related Matters Thereto’, sued as the 4th respondent, was also among those summoned by the court.

Also summoned were the 5th to the 12th respondents, comprising the Chairman of the commission of inquiry, Justice Kumai Aka’ahs, who is a retired Justice of the Supreme Court and the seven other members.

The rest, who were sued as the 13th to the 19th respondents, and also summoned by the court, were the Chief of Defence Staff, the Chief of Army Staff, Chief of Air Staff, Chief of Naval Staff, the Inspector-General of Police, the Director-General of the Department of State Service, and the Commandant, the Nigeria Security, and Civil Defence Corps.

The plaintiffs, through their counsel, Chief Sebastine Hon (SAN), had filed their fundamental rights enforcement suit filed on August 14, 2020, and marked FHC/ABJ/CS/955/2020, alleging that the Commission of Inquiry was set up by the Taraba State governor in bias against the people of Tiv in the state.

They argued that the composition of the Commission of Inquiry sued as the 4th to the 12th respondents “is likely to breach the fundamental right to a fair hearing of the applicants”.

The plaintiffs accused Governor Ishaku of “showing open hatred for the Tiv tribe in Taraba, which amongst other things, includes his using his office and strength of the 2nd respondent (Taraba State Government) in collaboration with the 13th to the 19th respondents (the service chiefs and heads of other security agencies), to forcefully/genocidal evict Tiv tribesmen from Taraba State”.

They added that the chiefs of the security outfits sued in the case “are, to date, aiding and abetting the 1st respondent (the governor) in the genocidal eviction of the applicants’ Tiv tribesmen from Taraba State”.

They added that on July 13, 2020, the governor by a written instrument setting up the Commission of Inquiry into the crises “between the Tiv and their Neighbouring Communities”.

The plaintiffs also contended that although the Tiv people in Taraba State had been having “long-standing dispute” with Jukun tribe resulting in loss of lives and property”, the terms of reference of the Commission of Inquiry or the instrument setting it up did not mention any other tribe or community in the dispute.

This, the plaintiffs contended, had “profiled, discriminated” against them and “accentuated” the Tiv tribe “for adversity”.

On Wednesday, the plaintiff’s lawyer urged the court to grant an order of “interim injunction restraining the 4th to the 12th respondents (chairman and members of the Commission of Inquiry) from sitting to conduct proceedings”.

They also sought an order of interim injunction restraining the 13th – 19th respondents (the service chiefs, the IGP, the Commandant of the Nigeria, Security and Civil Defence Corps)” from continuing to aid and abet the forceful removal of the applicants and the applicants’ Tiv tribesmen from their ancestral homes and other places of residence in Taraba State”.

But the ruling, the judge held that he preferred to summon the defendants to appear in court to show cause why the plaintiffs’ requests for an interim injunction should not be granted.

“I hereby make an order directing all the respondents to appear on August 26, 2020, to show cause on why the prayers being sought by the plaintiffs’ should not be granted,” the judge ruled.

Justice Mohammed also directed the plaintiffs to serve their motion ex parte, their motion on notice, and other processes filed in the case on all the 19 respondents.

He also directed that hearing notice for the August 26 proceedings be issued and served on the respondents.

The plaintiffs seek 11 main prayers in their substantive suit, including an order quashing the instrument setting up the Commission of Inquiry and restraining the security chiefs to continue to aid and abet the governor in his alleged plan to launch genocidal attacks and eviction of Tiv people from the state.