Court adjourns Jos North indigeneship case to Oct. 29

Judiciary

Justice C. Donglong of the Plateau State High Court has adjourned further proceedings in the suit challenging the June 9, 2026 judgment recognising some Hausa residents as indigenes of Jos North Local Government Area until October 29, following a dispute over the legal representation of the judgment creditors.

The judge fixed the date to rule on a preliminary objection challenging the appearance of a new team of lawyers representing the respondents before hearing the substantive applications seeking to set aside the judgment.

The June 9 judgment was delivered after Jos North Local Government Council failed to enter an appearance when the matter came up for hearing. The council is now asking the court to set the judgment aside.

At Friday’s proceedings, counsel to Jos North Local Government and the indigenous ethnic groups, Chief Garba Pwul (SAN), objected to the appearance of a new legal team representing the respondents, arguing that the lawyers were not originally on record and had failed to comply with the rules governing a change of counsel.

Speaking with journalists after the sitting, Pwul said court proceedings are guided by strict procedural rules.

“We had a matter filed by counsel whose names were already on record.

Motions were subsequently filed to set aside the judgment, but suddenly another set of Senior Advocates of Nigeria appeared for the respondents without complying with the rules relating to change of counsel.”

He said Order 52 of the Plateau State High Court Rules requires a formal notice of change of counsel before another lawyer can validly take over a matter.

“You cannot simply jump into a matter without complying with the rules. The courts are guided by procedures, and all counsel representing the applicants agreed with our objection.”

Pwul explained that the lengthy arguments prevented the court from delivering an immediate ruling, while the commencement of the court’s annual vacation necessitated an adjournment until October 29.

He appealed to residents, particularly the indigenous people of Jos North, to remain calm and allow the judicial process to take its course.

Also speaking, counsel to the Berom ethnic group, Edward Pwajok (SAN), said the June 9 judgment was delivered after Jos North Local Government failed to appear in court.

He said the Berom, Afizere and Anaguta ethnic groups subsequently filed separate applications seeking to be joined as interested parties and to have the judgment set aside.

“All the parties were in court today. The issue argued was a narrow one—whether there should be compliance with the rules of court before new counsel can validly appear for the respondents.”

According to Pwajok, the applicants maintain that a formal application must first be filed and determined before any new counsel can assume representation in the case.

The applicants also described the respondents’ decision to introduce a new legal team without prior notice as a legal “ambush” unsupported by law.

Responding, counsel to the judgment creditors, Yakubu H. (SAN), defended the respondents’ decision, insisting that every litigant has a constitutional right to engage counsel of his or her choice.

He explained that although judgment was entered in favour of the respondents, Fatima Akawu and her father, Baba Alhaji Akawu, chose to engage separate legal teams because they are distinct parties in the suit.

“The respondents decided to appoint different legal practitioners to represent their respective interests. That is their constitutional right.”

Yakubu argued that the objections raised by Jos North Local Government and the indigenous ethnic groups lacked merit, adding that the court would determine the issue in accordance with the law.

Another counsel for the respondents, Idris Mubakar, said his clients were satisfied with the proceedings.

“Our clients are already judgment creditors. Jos North Local Government, as well as the Berom, Afizere and Anaguta communities, have filed applications seeking to set aside that judgment, and we have responded accordingly. We have argued our case, and we are satisfied to allow the court to decide.”

The suit arose after Baba Alhaji Akawu approached the court following the alleged refusal of Jos North Local Government to issue his daughter, Fatima Akawu, an indigene certificate.

The June 9 judgment was delivered in favour of the plaintiffs.

However, Jos North Local Government and representatives of the Berom, Afizere and Anaguta ethnic groups have since filed applications seeking to set the judgment aside, arguing that its implications require further judicial scrutiny.

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