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Hold Kefas Responsible For Any Bloodshed in Taraba State Over Ukwe Traditional Stool – KYD

Hold Kefas Responsible For Any Bloodshed in Taraba State Over Ukwe Traditional Stool – KYD

The picturesque town of Takum, nestled in the heart of history, is currently grappling with an intricate tapestry of disputes surrounding the Ukwe Stool, the traditional leadership that has been central to the Kuteb tribe’s governance since the sixteenth century.

Dr. Samuel Ezekiel, President of the Kuteb Youth in Diaspora (KYD), cautions against potential violence in Taraba State, emphasizing that any disruption in the rightful installation process of the Ukwe Traditional Stool could lead to bloodshed. He noted that the governor should be held accountable for the potential consequences if eventually he proceeded.

“Hold Kefas Responsible For Any Bloodshed in Taraba State Over Ukwe Traditional Stool,” he said.

Recal, The Gazette reported that in a plea directed towards President Tinubu, the Kuteb tribe urgently seeks intervention, highlighting three crucial points. Firstly, they caution the Governor about the potential risks associated with his proposed actions. Secondly, they advocate for the acceptance of Prince Rimamnyang Habu Ahmadu as the rightful heir to the Ukwe Takum. Lastly, the tribe urges the Governor to preserve the ancient Ukwe Takum structure to prevent further unrest.

Mr. Emmanuel Ukwu, President of Kuteb Yatso of Nigeria, KYN, and representative of the Kuteb tribe, expresses gratitude for the opportunity to convey their concerns to President Tinubu. The tribe remains hopeful for a prompt and positive intervention that will prevent potential bloodshed in Takum and its surrounding areas. Their plea underscores the importance of addressing these issues swiftly and effectively to maintain peace and stability in the region.

To Ukwu, Governor Dr. Agbu Kefas’ pronouncements on dismantling the Ukwe Takum dynasty and creating three Third Class Stools for Kuteb, Chamba, and Jukun (Kpanzo) have heightened tensions. The Governor’s plans to appoint the first-class chief irrespective of tribe have sparked fear and unrest, especially among the Kutebs, he revealed.

Historical Context of the Ukwe Stool

The Kutebs, as earlier reported and recognised as the aborigines of Takum, have a rich history dating back to the sixteenth century. The governance of their affairs has been entrusted to the Ukwe, a position held by notable leaders throughout the years.

The Colonial Government of 1914 amalgamated the tribal rulerships in Takum into one Paramount Traditional Institution, elevating it to a Third Class Stool. The first Paramount Ruler, Ukwe Ahmadu Gankwe (Kuteb), was appointed to lead.

The Kutebs faced challenges when other tribes, including the Chamba, sought inclusion in the ruling families. Resolutions in 1962 solidified the ruling families as Likam and Akenten (Kuteb), but a controversial 1975 gazette changed the stool title to Chief of Takum, sparking ongoing crises that, to date, could not be resolved by any government.

According to a source, the late Dr. Shekarau Angyu Masa Ibi, Kuvyo II CON, the Paramount and Supreme Ruler of the Jukun Race and Chairman of the Taraba State Council of Traditional Rulers, conveyed a strong message to the former Governor of Taraba State, Arc. Darius Ishaku on August 25, 2020, at the Government House in Jalingo.

He pointed out his significant role in signing a letter to the Gongola State Government in 1981, requesting the restoration of the traditional title of Ukwe Takum in alignment with Jukun culture and tradition.

This initiative resulted in the publication of a 1982 gazette and the elevation of the stool to 2nd Class status.

The late ruler, expressed displeasure at being addressed as “Chief of Takum,” emphasizing that such disrespect might be tolerated posthumously but not during his lifetime.

The firm stance taken by Aku Uka influenced Governor DDI to abandon the notion of instituting the Chief of Takum.

In his words, according to the source;

“I signed the letter to the Gongola State Government in 1981 which requested the restoration of traditional title of Ukwe Takum in accordance to our culture and tradition. This led to the publication of 1982 gazette and the upgrade of the stool to 2nd Class. How can you sit here to talk to me about “Chief of Takum”? You may show that disrespect to me and the Wukari Traditional Council when I have joined my ancestors, but not when I am alive”

The question now arises: will Governor Agbu Kefas and the current Aku Uka defy the official position of the Wukari Traditional Council regarding the Ukwe Takum stool?

This raises concerns about potential disrespect and the need to uphold the established traditions and official designations within the Wukari Traditional Council.

The Impact of the 1975 Gazette

The 1975 gazette, orchestrated without consultation with the Takum Traditional Council, not only changed the title of the stool but also introduced two Chamba (non-Kuteb) families among the ruling families. This deviation from the mutually accepted resolutions of 1962 led to significant unrest and the destruction of lives and property.

According to Rikwense Muri and Barr. Yakubu Andesiunde, the Chamba Voice platform shared the judgement of the Court of Appeal in Kaduna sometime back, which ruled, in 1979, on the power of the Military Governor to administratively rescind or revoke laws of the previous administrative structure of government.

Read through their report and analysis:

In response, they celebrated the judgement and called on the Chamba nation to wait patiently as the time for them to take over Takum was near. We were impressed with such a position because in dialogue both sides need to keep responding to each other objectively and rationally to ensure the third party’s clear view of the issue. Against this backdrop, we will look at the judgement, its implications, matters arising from it and why the Kuteb nation accepted it gladly without further appeal to the Supreme Court.

The Court of Appeal sitting in Kaduna on 12 January 1979 ruled that the State Governor has the power to revoke and repeal laws of previous Governments of different administrative structures and make new laws. The judgment makes it clear that once there is a new structure and administration of governance, the new structure has the power to revoke the laws of the former structure and make new ones which will invalidate the former laws.

Interpretatively, the Taraba State at the moment is not bound by laws made by the Gongola State government as appended to by the then Governor of Gongola State or laws made by administrative fiat of Gomwalk’s Benue Plateau State.

In 1963 we were in Northern Nigeria State under Takum Native Authority but by 1975 we were in Benue Plateau State under Wukari Division. The new state is not bound by the law of the former structure of government. Therefore, the State Governor has the power to revoke the former laws of the Northern Nigeria region and make new laws which invalidate the former laws.

The 1979 judgment did not rule that Chamba are part of the Rulers of Takum. It simply ruled that the 1963, as well as 1975 Gazettes, are not permanent laws, looking at the administrative structures in place in 1963 and 1975 respectively. The judgment affirmed that a military Governor can revoke or rescind the laws of previous Governments. The Court of Appeal, therefore, answered the question “Does a Military Governor of Benue Plateau State have the power to revoke laws made by a civilian governor in the Northern Nigeria Region?” The answer was “Yes” and remains “Yes”.

Therefore at the moment, Taraba State is, also, not bound by the laws of Benue Plateau State. Takum Local Government is not bound by the law of the Wukari Divisional Authority of 1975. Looking at the reality in Takum with Chamba now having their paramount stools in Chanchanji and Kashimbila, they cannot lay further claims to the stool of Ukwe Takum, not even kingmakers.

It is in obedience to the judgment of 1979 that Gongola and Taraba state governments set up various commissions of inquiry into Ukwe Takum Chieftaincy issues to find lasting solutions. Four (4) different commissions of inquiry were set up at different times and all the recommendations are in favour of the truth of Kuteb being the sole Rulers of Takum as contained in the 1963 Gazette. In their reports, they all recommended that 1975 Gazette should be revoked and the 1963 Gazette structure be upheld. Therefore Chamba cannot rule Takum as paramount rulers. They are free to be advisers of Ukwe Takum but cannot be Ukwe or Kingmakers. It is sacrilege and impossible.

Local Government laws are only binding when the majority of the people accept it. All reports show that 1975 Gazette was a fraud by special interest in the military Government without consultation with the people of Takum as later testified by Ibrahim Sangari. It is because of all these overwhelming evidence that the stool has remained vacant because of the respect the establishment has for General T.Y Danjuma, the man behind the 1975 Gazette which usurped justice. However despite these respect, looking at the implications of enforcing injustice on the traditional stool of Ukwe Takum, the stool is still vacant because if there will be a King in Takum, today, it will be Ukwe Takum who must be Kuteb man.

Justice, therefore, vehemently demands that the Taraba State Governor invokes his powers based on the Court of Appeal judgment of 12th January 1979 and recommendations of all the commissions of inquiry on the matter and uphold the 1963 Gazette, amended with solely kuteb kingmakers.
With the foregoing analysis of the Court of Appeal judgment, a leeway has been created on the obiter dictum of the Federal Court of Appeal which states:

“There is in our view some substance in this submission by the learned Attorney-General. The Native Law and custom relating to the selection of the chief of Takum has undergone modification since the earlier order of 1963 and it is necessary to say so. In 1975 the Wukari Local Administration, a new body which must have replaced the Takum Native Authority of 1963 took a fresh look at the former declaration and has expressed itself in the form in the Legal Notice of 1975. Also by 1975 the administrative and political structure of Northern Nigeria had undergone a change with the resultant creation of a State known as Benue-Plateau with a Military Governor, a new Authority different from the Governor of Northern Nigeria. The military Governor wishing to give effect to the modification of the Native Law and Custom relating to the selection of Takum made the order contained in the Legal Notice of 1975 being impugned. In so doing, the Legal Notice No.56 of 1963 is hereby repealed”;
With the foregoing, it is succinctly clear that Laws made by a State to which a particular State does not form part cannot be applied in that particular State. It can only be applied where and when that particular state adopts that same Law with or without modification. Each and every state Governor has the constitutional power to make Laws governing the affairs of its State which has to take into cognizance the tradition and practice of that particular State which he is governing.

When TAKUM Native Local Authority was under the then Northern Nigeria government of Sir AHMADU BELLO, the SARDAUNA OF SOKOTO, the selection of the chief of Takum was governed by the 1963 Gazette. This Gazette captured the true tradition and practice in existence before the advent of any recognized government but in addition included Chamba Kingmakers. This inclusion was an aberration.
When Benue-Plateau State was created, the Governor, by the Power bestowed on him through the influence of some covetous individuals, tinkered with the said 1963 GAZETTE in 1975 without proper consultation from the people concerned. In the purported 1975 Gazette a lot of modifications were made, amongst them was the change of the title of UKWE to Chief. This was with the aim to pave way for some individuals to come up with a defense that the stool of Takum chief is not restricted to a particular tribe to be given dialectical Title.
This sin against humanity by these individuals was reversed when the then Gongola state was created. A request was put before the Governor by the Wukari Traditional Council, in which the AKU UKA was Chairman, to reverse this unwholesome act of these individuals. With this, the GONGOLA STATE OF NIGERIA GAZETTE notice No.1 Vol.7 published on the 7th January, 1982 which its SIDE NOTE reads: RESTORATION OF THE TAKUM CHIEFTAINCY TRADITIONAL TITLE, and it provides:

“That His Excellency, the Governor, after consideration of the request from the WUKARI TRADITIONAL COUNCIL coupled with the reasons advanced by the council has approved the restoration of the Takum chieftaincy Traditonal Title from chief of Takum to UKWE TAKUM with effect from 2nd day of November, 1981”.

The Governor of the then Gongola State did this due to the constitutional power to make Law with respect to Traditional title based on Custom.

Before the coming into Takum of chamba and before the advent of the colonialists, the traditional title had been UKWE TAKUM. This cement the fact that that stool is not shared and has never been shared with any other tribes who came and met the kuteb man in Takum.

In 1991 when Taraba state was created further Laws were made to justify the position that truly a Kuteb Man is the true owner of the stool of Takum Traditonal Chief and, thereby, jettisoned the concocted 1975 gazette which is the brainchild of an individual to execute his hatred against the main occupant of that prestigious and covetous stool for reason best known to him. This was during the Military Administrator of COLONEL YOHANNA M.DICKSON(fss,mss,psc(+). Consequently, the TARABA STATE COUNCIL OF CHIEFS EDICT, 1995 EDICT NO.9 of 1995 (See TARABA STATE OF NIGERIA GAZETTE Notice No.13 Vol.5 published on 30th March, 1995). In this law section 4 (1) provides:
“The council shall consist of the following members, namely-
a. The Emir of Muri
b. The Aku Uka of Wukari
c. The Chief of Zing
d. The Ukwe of Takum
e. The Chief of Mambila
f. The Gara of Donga
g. The Chief of Gashaka”
Furthermore, THE TARABA STATE UPGRADEMENT OF TRADITIONAL RULERS AND THE CREATION OF DISTRICTS (ORDER), 2005. Schedule 1 of this order provides:
SCHEDULE 1
FIRST CLASS CHIEFS
EMIRS/CHIEFS
1. Aku uka………..old
2. Emir of Muri…..old
3. Kpanti Zing……New
4. Ukwe Takum….New
5. Chief of Mambila.New
6. Gara Donga…….New
7. Lamido Gashaka.New
This schedule of the later law was sequel to section 3 which provides:
The Second Class Chiefs of Donga, Gashaka, Mambila, Takum and Zing are hereby upgraded to the status of First Class Chiefs as contained in schedule 1 to this order. Where such Chiefdom is presently vacant whoever may be subsequently appointed shall assume the elevated status of the stool.
Again in 2010, THE TARABA STATE COUNCIL OF TRADITIONAL RULERS LAW was made in which section 4 (1) provides:
  • The council shall consist of the Aku uka as the chairman and other graded chiefs as provided in the First and Second Schedule to the TARABA STATE UPGRADEMENT OF TRADITIONAL RULERS AND CREATION OF DISTRICTS (ORDER), 2005 and the permanent secretary of the Bureau for Local Government and Chieftaincy Affairs as an ex-officio member.
  • The Taraba state council of traditional rulers law made reference to schedule 1 for the upgradement of traditional rulers and creation of districts order. This further emphasized the Title of the Traditional ruler in Takum as Ukwe.Taraba State Government as an entity detached from any other State has the constitutional power to make laws regulating the affairs of its traditional system. In all these laws listed above no reference was made to either Gara of Takum or Kuru kpante of Takum but UKWE TAKUM which is axiomatic (self evidence) that the purported 1975 gazette was not recognized in the then Gongola state neither is it recognized in the government of Taraba state, having gone through all these laws of the state with respect to traditional rulers.
It is important to note that the Legal Notice No.1 vol.7 of 7th January, 1982 of the Gongola state of Nigeria gazette restoring the title from chief of takum to Ukwe Takum has in fact repealed the 1975 gazette in its entirety. This is because the CHAMBA traditional rulers do not bear the title UKWE TAKUM. Then where do they have a place in the said 1975 gazette? If they are to be given the chance of ascension to the covetous throne which title will be given to them since they are not known with UKWE and their celebrated Law of 1975 which provides for chief which would have given them that benefit of doubt has been repealed?
If it is true that the CHAMBA also shared in the traditional stool of Takum why did they not title it KURU OR GARA of Takum instead of CHIEF of Takum in their celebrated Law of 1975?
We should note that where two laws are made and the later law repeal the earlier law the later law becomes the extant law. To this end, the 1982 gazette of Gongola state restoring the Title UKWE technically and directly repealed the celebrated 1975 gazette based on the COURT OF APPEAL Judgment of 1979. This is because the Chamba has no place in the title UKWE TAKUM and they are technically and directly defeated to their surprise having been jubilating for a long time, which to us, they are only wallowing in self-induced hallucination.
Our question is, if the 1975 gazette is the true law of the land why has it not been tested for over two decades today since the demise of late UKWE ALI KUFANG II?
Why did the Government refuse to enforce it?
It is as a result of this that the Taraba state government, having spotted this defeat, swiftly and always mention UKWE TAKUM (not “Chief” as contemplated in some quarters) in its laws.
Speaking from a legal perspective in accordance with the Appeal Court Judgement, the then Gongola state legal notice No.1 of 1982 has repealed the 1975 gazette. The Taraba state government took credence from it by doing same in its laws governing traditional title in Takum by taking cognizance of the recommendations made by:
  1. The Abubakar H.Girei committee of 1977
  2. The Suleiman Gurin Commission of 1985
  3. The Garvey A. Yawe Commission 1993, and
  4. The Haruna Ali Yara commission 1992.
What we are expecting to see in Takum today is the installation of the UKWE TAKUM as contained in the laws of Taraba State Government. Those wasting their time discussing the 1975 gazette should therefore read the Appeal Court Judgement by Justice Coker Ademola, the recommendations of various commissions of inquiry into Takum Chieftaincy crisis and the laws of Taraba State Government in regards to the Paramount traditional stool of Takum.
Several committees and commissions, constituted by successive governments, recommended the repeal of the 1975 gazette. In 1982, the Gongola State Government reinstated the title of Ukwe, acknowledging the exclusive reserve of the Kuteb tribe over the First Class Ukwe Takum Stool.

The Prolonged Vacancy and Recent Developments

Since the death of Ukwe Ali Ibrahim Kufang in 1996, the Ukwe stool has remained vacant due to disputes fueled by the 1975 Gazette. The Kuteb tribe, adhering to their Native Law and Custom, selected Prince Rimamnyang Habu Ahmadu as the new Ukwe Takum, completing all traditional rites. However, the Taraba State Government has yet to initiate the process of appointing Ukwe Takum, potentially influenced by fears, heavyweights, or negative agitations.

Implications

The prolonged vacancy of the Ukwe Stool has not only disrupted the traditional leadership structure but has also heightened tensions among the tribes in Takum. The Chamba tribe’s persistent agitation for the implementation of the 1975 gazette, against judicial and administrative panel recommendations, remains a core issue.

The exclusive reserve of the Kuteb tribe over the Ukwe Takum Stool is a deeply ingrained aspect of their cultural identity, akin to other tribes’ sacred leadership positions. The potential appointment of Prince Rimamnyang Habu Ahmadu raises questions about the government’s role in preserving cultural heritage, resolving disputes, and ensuring harmonious coexistence among the diverse tribes in Takum.

Call on Governor Agbu Kefas

As the discourse around the Ukwe Takum stool unfolds, there is a pivotal need for Governor Agbu Kefas to reflect upon the historical significance and sentiments expressed by the late Dr. Shekarau Angyu Masa Ibi. To ensure equity, uphold the sacredness of the traditional institution, honor the fear of God, and promote peace, it is imperative for the Governor to acknowledge and accept the choice of the Kutebs. Respecting the established cultural norms and traditions, as well as embracing the wishes of the concerned community, will not only foster harmony but also strengthen the relationship between the government and the people it serves. The call is for a judicious consideration of these factors to pave the way for a harmonious resolution that respects the rich heritage of the Jukun Race and maintains the integrity of the Ukwe Takum stool.



This post first appeared on The Gazette (Nigeria), please read the originial post: here

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Hold Kefas Responsible For Any Bloodshed in Taraba State Over Ukwe Traditional Stool – KYD

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