Gyang Bere, Jos

The State High Court sitting in Jos has restrained Governor Simon Lalong from tempering with the Jos Joint Traditional Council which will reduce the power of the Gbong Gwom Jos and President of Jos Joint traditional Council, Da. Jacob Gyang Buba.

The presiding judge, Justice C L. Dabub, who granted the order in a suit No PLD/3257/2019 filed by Niri Darong,  counsel to the plaintiffs/applicants, Da Simon Pam Karak and six other Berom elders, also restrained Governor Lalong from suspending or deposing any member of the Jos  Joint Traditional Council.

“Upon the consideration of the motion ex-parte dated May 22, 2019, and filed on the same day accompanying affidavit of 22 paragraphs with 6 exhibits, there to deposed to by one Da Daniel Choji of Dong, Kabong District, Jos North Local Government Council praying the court for an order of interim injunction and mandatory injunction.”

The court ordered that “the defendants (the Governor of Plateau State and 4 others) by their agents, representatives or privies are restrained from tempering with the composition of the Jos Joint Traditional Council including suspending or deposing any member of the Jos Joint Traditional Council pending the hearing and determination of the motion on notice.

“The defendants are mandated to continue to recognise the Gbong Gwom Jos as the president of the Jos Joint Traditional Council made up of Jos North, Jos South, Barkin-Ladi, and Riyom Local government areas pending the hearing and determination of the motion on notice.”

Governor Lalong had issued a circular through the Commissioner for Local Government and Chieftaincy Affairs, Alh Dayyabu Garga, notifying chairmen of Jos North and Riyom local government areas of the establishment of Jos and Riyom traditional councils.

The letter directed all graded chiefs, district heads, village and their staff who are from Jos North and Riyom LGC to henceforth constitute members and staff of the newly-created traditional council.

It reads: “The Executive Governor of Plateau State, Simon Bako Lalong, in compliance with Section 9(1) of the 2016 Local Government Laws, has approved the establishment of Jos North and Riyom traditional councils out of the present Jos Joint Traditional Council.

“The 2016 Local Government Laws also states in section 91(3) that the most senior traditional ruler in each local government shall be the president of the council, hence the Ujah of Anaguta and Ata’a Aten of Ganawuri shall be the President of Jos North and Riyom Traditional Councils respectively.”

But, counsel to the plaintiff, Niri Darong, challenged the letter and want the court to determine whether “Section 91 of the Local Government Law, 2016, empowers the 1st defendant to restrict the area covered by an existing Traditional Council which the 1st defendant has already maintained since its establishment?

“Does Section 92 of the Plateau State Local Government Law, 2016, empower the 1st defendant to unilaterally determine traditional matters and delve into questions relating to chieftaincy matters in the Jos Joint Traditional Council?

“In view of Sections 91 and 92 of the Plateau State Local Government Law, 2016, is it not ultra vires for the 1st defendant to determine traditional matters and delve into chieftaincy matters and control of traditional titles?”

The Presiding Judge, Justice C L. Dabup fixed June 11, 2019, for the hearing of the motion on notice.