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 levelled 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
governor of showing hatred against the
Tiv people in the state ,
comprised an organisation 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 4 th
respondent , was also among those
summoned by the court .
Also summoned were the 5 th to the 12 th
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 13 th to the
19 th 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 4 th to
the 12 th respondents “ is likely to breach
the fundamental right to 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 2 nd respondent ( Taraba State
Government ) in collaboration with the
13 th to the 19 th respondents ( the service
chiefs and heads of other security
agencies) , to forcefully / genocidally evict
Tiv tribesmen from Taraba State ” .
They added that the chiefs of the security
outfits sued in the case “ are , till date ,
aiding and abetting the 1 st 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 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 4 th to
the 12 th respondents ( chairman and
members of the Commission of Inquiry )
from sitting to conduct proceedings ” .
They also sought an order of interim
injunction restraining the 13 th – 19 th
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 ruling , the judge held that he
preferred to summon the defendants to
appear in court to show cause why the
plaintiffs ’ requests for 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 .
