From Yakubu Busari,Jos
A Plateau State High Court sitting in Makurdi, presided over by Justice S.P. Gang has granted a perpetual injunction order restraining Governor Simon Lalong, the government and Attorney General from running, managing the Jos Main Market Authority in respect of the MoU signed with the JAIZ bank. The MoU is covers a 40- year agreement.
In his ruling, Justice Gang declared that Lalong and the Attorney General didn’t follow the due processes of section 7 the fourth scheduled of the Constitution of the Federal Republic of Nigeria of 1999 as amended under section 3(2) of the LGA 2016 of Plateau State.
He stressed that the agreement that gave the defendants power to run, manage and build Jos main market authority was unlawful without complying with the guidelines law.
The suit was filed by member Representing Jos North /East Federal Constituency, Hon Dachung Musa Bagos, who challenged the MoU the government signed with the JAIZ bank to reconstruct and build Jos main market authority.
The judge granted an order nullifying every action or decisions taken to run, manage the Jos main market authority on behalf of people of Plateau state, stating that the power to run, manage under section 34,81 of the Plateau state bureau of public procurement law of 2018 is illegal and unlawful.
Justice Gang further issued an order of perpetual injunction restraining the AG, the Governor Simon Lalong and the state government, their agents, privies, servants or whosoever from making any attempt to hold, administer, use or handover to JAIZ bank or any other purpose contrary to the 1999 constitution, 2017.
The judge held that by section 3(2) of the 7, Act of 1978, ownership of land in any state of the federation is vested on the governor of the state, and only the governor has the right to grant statutory right of occupancy to any person, but in doing that Lalong didn’t follow the due processes of sections of the constitution of Nigeria as amended.
Speaking on behalf of the lead counsel, Barr. Nancwat Durven said that the Hon Bagos Musa instituted the suit on the August 1, 2022, challenging the power of the defendants regarding the rebuilding of Jos main market authority which he said the due processes was not followed which is wrong contrary to the law.
He said, “we obtain the judgment in our favour which we brought four issues for determination and seven reliefs, the first relief granted in multiplication while others were granted in the claimant favour .
According to him, “with this judgment in our favour the power of the government to rebuild Jos main market has been suspended indefinitely and we are of the opinion that Governor Simon Lalong and the state government should follow the appropriate procedure of bidding for the rebuilding of the market.
He said with judgment, as it stands whatever agreement that must have been enter into with any prospective contract before is null and void. He advised the government to adhere to the rules.
