N50 billion case between Fulani and FG: Court Sets Date for Ruling on Application for Rejoinder by the Berom

By Joseph A. Adudu

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.

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.

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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N50 billion case between Fulani and FG: Court Sets Date for Ruling on Application for Rejoinder by the Berom