Court Grants Perpetual Injunction Restraining Lalong, State Govt &Attorney General From Running, Managing Jos Main Market Authority

Yakubu Busari

A Plateau State High Court sitting in Jos Division presided over by Justice S.P.Gang has granted a perpetual injunction order restraining Governor Simon Bako Lalong, the Plateau State Government, and the Attorney General of Plateau state to run, and managing the Jos Main Market Authority from flowing the processes of MoU signed with the JAIZ bank for 40 years agreement.

Justice Gang declared that the state government, Lalong, and the Attorney general didn’t follow the due processes of section 7 the fourth schedule 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 whether the defendants have the power to run, manage build Jos main market authority which the agreement was unlawful without complying with the guidelines law.

Delivering judgment in the suit filed by Member Representing Jos North /East Federal Constituency, Hon Dachung Musa Bagos challenging the MoU signed with the JAIZ bank to reconstruct and build Jos main market authority declared that any move by the state government to compulsorily build, manage the market is null and void.

The judge granted an order nullifying every action or decision taken to run, and manage the Jos main market authority on behalf of the people of Plateau state, that power to run and 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, Governor Simon Lalong, and 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 in the governor of the state, and only the governor has the right to grant the statutory right of occupancy to any person but he 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 says, that Hon Bagos Musa instituted the suit on the 1st August 2022 challenging the power of the defendants regarding the rebuilding of Jos main market authority which he said the due processes were not followed which is wrong and contrary to the law.

He said we obtain the judgment in our favour which we brought four issues for determination and 7 relieves sought, however, the first relief granted multiplication while others were granted in the claimant’s favour .

According to him, with this judgment in our favour the power of rebuilding of Jo’s main market authority and the government 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 most have been entered with any prospective contractor before is null and void and advised that the government should adhere to the rules.