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I Will Expose High Level Corruption Happening In Your Government If You Don’t Stop Attacking Me, Sen Jang Tells Gov Lalong

By   /  April 27, 2017  /  1 Comment

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  • Drag Gov Lalong, Plateau Govt To Court

Former Governor Jonah David Jang representing the Northern Senatorial District of Plateau State has threatened to expose Governor Simon Lalong on what he termed a high level of corruption within his Government, as learnt by this medium, the former Governor turned senator threatened to expose the governor over alleged corruption deeds within his government, if he didn’t stop attacking his persons.

Universalreporters247.com learnt that the alleged attack on his person by Governor Lalong, especially with Judicial commission of enquiry which was instituted by the governor is the reason why the former Military officer, has dragged the Plateau Government, as well as the Governor to court seeking for an Order of Perpetual Injunction, restraining the Defendants from issuing and/or publishing any recommendation or report pursuant to Memorandum No. JCI/64/2016 by Njin Gyara or pursuant to any other Memorandum, Petition or any other process bordering on or containing criminal allegations, imputations or inferences against the him or anybody at all.

Sen. Jang is also seeking for an order perpetual injunction, restraining the Defendants, whether by themselves, servants, agents, or privies howsoever called from using any evidence taken by the Commission during its proceedings, any recommendations made thereto or any report issued in respect thereof against the him or use same to indict the in or indeed any other person in any civil or criminal proceedings whatsoever.

The Sen. Jang through counsel Bar. Joshua John dragged the Plateau State Governor, Rt. Hon. Simon B. Lalong, to the Plateau State High Court, over the Report of the Judicial Commission of Inquiry (JCI) instituted by Lalong’s administration.

The Chief Judge,Justice Pius Damulak has adjourned the suit to 16th May,2017 for hearing on the originating summon after granting leave to the 9 defence counsels who have filed their defense according to laws.

Damulak said after careful listening to plaintiff counsel explanation on suit filed on the 10 February, 2017, 20th April and filed on the 21st April, 2017 the court hereby granted relief for substituted service on the 9 defendants.

The judge disclosed that he received two services today which is motion notice on 1st, 2nd, 3rd and 9 defendants including counter affidavits in parts.

However, counsel to the first defendant, Bar. Sunday Obende said he has not objected to the application, added he replied to the plaintiff.

The other Defendants on the face of the suit just filed by Sen. Jang’s Counsel include, Plateau State Government, the Attorney-General of Plateau state, Judicial Commission of Inquiry into the activities of the Government of Plateau state of Nigeria from 29th, day of May, 2007 to 29th day of May, 2015, Hon. Justice Stephen Adah, JCA (Chairman), Prof. Mrs. Bibiana Bawa (member), Barr. Aliyu Sangei (member), Prof. Ekoja B. Ekoja (member), Engr. Simon Onu Agamah (member) and Sani Alhaji Yahaya Mavo (Secretary).

Sen. Jang is seeking for an Order of Perpetual Injunction, restraining the Defendants from issuing and/or publishing any recommendation or report pursuant to Memorandum No. JCI/64/2016 by Njin Gyara or pursuant to any other Memorandum, Petition or any other process bordering on or containing criminal allegations, imputations or inferences against the him or anybody at all.

Sen. Jang is also seeking for an order perpetual injunction, restraining the Defendants, whether by themselves, servants, agents, or privies howsoever called from using any evidence taken by the Commission during its proceedings, any recommendations made thereto or any report issued in respect thereof against the him or use same to indict the in or indeed any other person in any civil or criminal proceedings whatsoever.

The suit filed today, by the Counsel to Sen. Jang, Sunny-Gabriel Odey, Esq of  Sunny-Gabriel Odey& Associates with S. Oyawole, Esq, N.I. Darong, Esq, Joshua John, Esq, A.M. Umar (Mrs.), D.P. Dusu, Esq, Frank Daniel, Esq, P.E. Dakyen, Esq, Ifeoma Anerobi (Mrs.), U.C. Agu (Miss), W.S. Gwankat, Esq and signed for by Joshua John, Esq, wants the court to  Declare that, having regards to Paragraph 1 of the Instrument establishing and constituting the  Defendants containing the terms of reference, Plateau State Notice No. 1 and Sections 1(3), 6(6)(a), 35(1)(c) & 36(1),(4),(6)&(11) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Defendants cannot ascertain, entertain, hear and/or determine any Memorandum, Petition or any other process bordering on or containing criminal allegations, imputations or inferences.

Sen. Jang also wants the Court to Declare that, having regards to the provisions of Sections 1(3), 6(6)(a), 35(1)(c) & 36(1),(4),(6)&(11) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the proceedings, ascertainment, hearing and/or determination by the 4th – 9thDefendants of Memorandum No. JCI/64/2016 by Njin Gyara or any other Memorandum, Petition or any other process bordering on allegations of “fictitious” award of contracts, misappropriation of public funds, fraud, cheating, violations of the Public Procurement Act or any other offence howsoever called is a nullity, unconstitutional and void.

Read The Full Process Below:

IN THE HIGH COURT OF JUSTICE OF PLATEAU STATE

IN THE JOS JUDICIAL DIVISION

HOLDEN AT JOS

SUIT NO.: ……………………………………

BETWEEN:

SENATOR JONAH DAVID JANG             ………………….…………….           PLAINTIFF

AND:

 

  1. GOVERNOR OF PLATEAU STATE

 

  1. PLATEAU STATE GOVERNMENT

 

  1. ATTORNEY GENERAL OF PLATEAU STATE

 

  1. JUDICIAL COMMISSION OF INQUIRY INTO

 

THE ACTIVITIES OF THE GOVERNMENT OF

 

PLATEAU STATE OF NIGERIA FROM 29TH                                              …….DEFENDANTS

 

DAY OF MAY, 2007 TO 29TH DAY OF MAY, 2015

 

  1. HONOURABLE JUSTICE STEPHEN ADAH, JCA (CHAIRMAN)

 

  1. PROF. MRS. BIBIANA BAWA (MEMBER)

 

  1. BARR. ALIYU SANGEI (MEMBER)

 

  1. PROF. EKOJA B. EKOJA (MEMBER)

 

  1. ENGR. SIMON ONU AGAMAH (MEMBER)

 

  1. SANI ALHAJI YAHAYA MAVO (SECRETARY)

 

ORIGINATING SUMMONS

 

BROUGHT PURSUANT TO ORDER 1 RULES 1, 2(2), ORDER 6 RULES 2 & 3 OF THE RULES OF THE HIGH COURT OF PLATEAU STATE, 1987 AND SECTIONS 1(3), 6(6)(B), 35(2) & 36(1)&(11) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED).

 

LET:

 

  1. GOVERNOR OF PLATEAU STATE

 

Office of the Governor

 

Rayfield, Jos, Plateau State

 

  1. PLATEAU STATE GOVERNMENT

 

C/o Ministry of Justice

 

BEPCO House, Jos, Plateau State.

 

  1. ATTORNEY GENERAL OF PLATEAU STATE

 

Ministry of Justice

 

BEPCO House, Jos, Plateau State.

 

  1. JUDICIAL COMMISSION OF INQUIRY INTO

 

THE ACTIVITIES OF THE GOVERNMENT OF

 

PLATEAU STATE OF NIGERIA FROM 29TH

 

DAY OF MAY, 2007 TO 29TH DAY OF MAY, 2015.

 

C/o Ministry of Justice

 

BEPCO House, Jos, Plateau State.

 

  1. JUSTICE STEPHEN ADAH, JCA

 

C/o Ministry of Justice

 

BEPCO House, Jos, Plateau State.

 

  1. PROF. MRS. BIBIANA BAWA

 

C/o Ministry of Justice

 

BEPCO House, Jos, Plateau State.

 

  1. BARR. ALIYU SANGEI

 

C/o Ministry of Justice

 

BEPCO House, Jos, Plateau State.

 

  1. PROF. EKOJA B. EKOJA

 

C/o Ministry of Justice

 

BEPCO House, Jos, Plateau State.

 

  1. ENGR. SIMON ONU AGAMAH

 

C/o Ministry of Justice

 

BEPCO House, Jos, Plateau State.

 

  1. SANI ALHAJI YAHAYA (MAVO) (SECRETARY)

 

C/o Ministry of Justice

 

BEPCO House, Jos, Plateau State.

 

WITHIN EIGHT (8) DAYS after service of this Summons on them, inclusive of the day of such service, cause an appearance to be entered for them to this Summons issued upon the application of the Plaintiff herein named whose address is c/o his Counsel, Sunny-Gabriel Odey, Esq. of Sunny-Gabriel Odey & Associates, No. 2 Wase Close, Jos, who seeks the determination of the following Questions and claims the Reliefs set out hereunder:

 

QUESTIONS FOR DETERMINATION

 

 

 

  1. Having regards to Paragraph 1 of the Instrument establishing and constituting the 4th – 9th Defendants containing the terms of reference, Plateau State Notice No. 1 and Sections 1(3), 6(6)(a), 35(1)(c) and 36(1),(4),(6) and (11) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), whether the 4th – 9thDefendants can ascertain, entertain, hear and/or determine any Memorandum, Petition or any other process bordering on or containing criminal allegations, imputations or inferences.

 

  1. Having regards to the provisions of Sections 1(3), 6(6)(a), 35(1)(c) and 36(1),(4),(6) and (11) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), whether the proceedings, ascertainment, hearing and/or determination by the 4th – 9thDefendants of Memorandum No. JCI/64/2016 by Njin Gyara or any other Memorandum, Petition or any other process bordering on allegations of “fictitious” award of contracts, misappropriation of public funds, fraud, cheating, violations of the Public Procurement Act or any other offence howsoever called is not a nullity, unconstitutional and void.

 

  1. Having regard to the provisions of Sections 7(c) and 8(1) of the Commission of Inquiry Law, 1963, stipulating powers exercisable only by a Commissioner, whether the Summons purportedly issued under the hand of a “Registrar” dated 26thSeptember, 2016, directing the Plaintiff to attend the Commission on 11thOctober, 2016, or the Memorandum No. JCI/64/2016 by Njin Gyara or any other Memorandum, Petition, Summons or process issued under the hand of a Registrar or any other person not being a Commissioner so appointed by the Instrument establishing and constituting the 4th – 9th Defendants is not null and void.

 

  1. Having regard to the provisions of Order 7 Rule 1 of the Plateau State Judicial Commission of Inquiry (Activities of Government Between 2007 to 2015) Rules, 2016, whether any proceedings, hearing and determination of any matter or consideration of any matter by the 4th– 9th Defendants, in the absence of any Memorandum or Memoranda or registration of interest to make oral submission properly filed before or submitted to the Commission; is not invalid, null and void.

 

  1. Whether Order 5 Rule 2 of the Plateau State Judicial Commission of Inquiry (Activities of Government Between 2007 to 2015) Rules, 2016, dispensing with personal service of Memoranda or Petitions or any other originating processes issued by the 4thDefendant is not unconstitutional, null and void for being in breach of the provisions of Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

 

  1. Whether the service of any Memorandum, Petition or any other originating process not effected personally or in furtherance or pursuant to an order of the Commission of Inquiry for substituted service duly sought and obtained is not invalid.

 

  1. Having regard to Sections 2(1) and 6(1) of the Commission of Inquiry Law, 1963 and Paragraph 4 of the Instrument establishing and constituting the 4th – 9th Defendants, Plateau State Notice No. 1, whether the Rules of Procedure for the Judicial Commission of Inquiry into the activities of the Government of Plateau State of Nigeria from 29th day of May, 2007, to 29th day of May, 2015, issued solely under the hand of the 5thDefendant dated 5th October, 2016, is not invalid, null and void.

 

  1. Whether in view of the provisions of Section 58 of the Public Procurement Act, 2007, the 4th – 9th Defendants have the powers to entertain and determine the allegations contained in Memorandum No. JCI/64/2016: Memo by Njin Gyara or any other Memorandum or Petition or process issued by the 4th Defendant whatsoever related to matters provided for under the Public Procurement Act, 2007, is not ultravires the powers of the 4th – 9thDefendants.

 

  1. Having to regard to the provisions of Sections 4(3) and Item 23 of the Second Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), whether Section 7 of the Commission of Inquiry Law, 1963, dealing with matters of evidence or receipt of evidence is not inconsistent with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and to the extent of its inconsistency null and void.

 

  1. Having regard to the provisions of Section 10 of the Commission of Inquiry Law, 1963, whether any evidence taken by the 4th – 9thDefendants during its proceedings, any recommendations made thereto or any report issued in respect thereof shall be admissible against the Plaintiff or used to indict the Plaintiff or indeed any other person in any civil or criminal proceedings whatsoever.

 

  1. Having regard to the provisions of Sections 7(c) and 8(1) of the Commission of Inquiry Law, 1963, stipulating powers exercisable only by a Commissioner, whether the Letter dated 17th November, 2016, addressed to the Plaintiff and signed by the 10thDefendant directing the Plaintiff to attend the Commission on the 21stNovember, 2016, for clarification of the matters listed in the said Letter, not being a letter issued by any of the 5th to 9th Defendants or any other letter or process not issued by the 5th – 9th Defendants, as well as any proceedings, hearing and determination by the 4th – 9thDefendants of any matter or consideration of the said letter or pursuant to any other process issued by any person other than the 5th – 9thDefendants; is not null and void.

 

 

RELIEFS CLAIMED

 

WHEREOF THE PLAINTIFF CLAIMS AS FOLLOWS:

 

  1. A DECLARATION that having regards to Paragraph 1 of the Instrument establishing and constituting the 4th – 9th Defendants containing the terms of reference, Plateau State Notice No. 1 and Sections 1(3), 6(6)(a), 35(1)(c) & 36(1),(4),(6)&(11) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the 4th – 9th Defendants cannot ascertain, entertain, hear and/or determine any Memorandum, Petition or any other process bordering on or containing criminal allegations, imputations or inferences.

 

  1. A DECLARATION that having regards to the provisions of Sections 1(3), 6(6)(a), 35(1)(c) & 36(1),(4),(6)&(11) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the proceedings, ascertainment, hearing and/or determination by the 4th – 9thDefendants of Memorandum No. JCI/64/2016 by Njin Gyara or any other Memorandum, Petition or any other process bordering on allegations of “fictitious” award of contracts, misappropriation of public funds, fraud, cheating, violations of the Public Procurement Act or any other offence howsoever called is a nullity, unconstitutional and void.

 

  1. A DECLARATION that having regards to the provisions of Sections 7(c) and 8(1) of the Commission of Inquiry Law, 1963, stipulating powers exercisable only by a Commissioner, the Summons purportedly issued under the hand of a registrar dated 26th September, 2016, directing the Plaintiff to attend the Commission on 11th October, 2016, or the Memorandum No. JCI/64/2016 by Njin Gyara or any other Memorandum, Petition, Summons or process issued under the hand of a registrar or any other person not being a Commissioner so appointed by the Instrument establishing and constituting the 4th – 9th Defendants is null and void.

 

  1. A DECLARATION that having regard to the provisions of Order 7 rule 1 of the Plateau State Judicial Commission of Inquiry (Activities of Government Between 2007 to 2015) Rules, 2016, any proceedings, hearing and determination by the 4th – 9thDefendants of any matter or consideration of any matter in the absence of any Memorandum or Memoranda or registration of interest to make oral submission properly filed before or submitted to the Commission; is invalid, null and void.

 

  1. A DECLARATION that Order 5 rule 2 of the Plateau State Judicial Commission of Inquiry (Activities of Government Between 2007 to 2015) Rules, 2016, dispensing with personal service of Memoranda or Petitions or any other originating processes issued by the 4th Defendant is unconstitutional, null and void for being in breach of the provisions of Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

 

  1. A DECLARATION that the service of any Memorandum, Petition or any other originating process not effected personally or in furtherance or pursuant to an order of the Commission of Inquiry for substituted service duly sought and obtained is invalid.

 

  1. A DECLARATION that having regards to Sections 2(1) and 6(1) of the Commission of Inquiry Law, 1963 and Paragraph 4 of the Instrument establishing and constituting the 4th – 9th Defendants, Plateau State Notice No. 1, the Rules of Procedure for the Judicial Commission of Inquiry into the activities of the Government of Plateau State of Nigeria from 29th day of May, 2007, to 29th day of May, 2015, issued solely under the hand of the 5thDefendant dated 5th October, 2016, is invalid, null and void.

 

  1. A DECLARATION that in view of the provisions of Section 58 of the Public Procurement Act, 2007, the 4th – 9thDefendants do not have the powers to entertain and determine the allegations contained in Memorandum No. JCI/64/2016: Memo by Njin Gyara or any other Memorandum or Petition whatsoever related to matters provided for under the Public Procurement Act, 2007, is ultra vires of the powers of the 4th – 9th Defendants.

 

  1. A DECLARATION that having to regards to the provisions of Sections 4(3) and Item 23 of the Second Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), whether Section 7 of the Commission of Inquiry Law, 1963, dealing with matters of evidence or receipt of evidence is not inconsistent with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and to the extent of its inconsistency null and void.

 

  1. A DECLARATION that by virtue of the provisions of Section 10 of the Commission of Inquiry Law, 1963, no evidence taken by the 4th – 9thDefendants during its proceedings, any recommendations made thereto or any report issued in respect thereof shall be admissible against the Plaintiff or used to indict the Plaintiff or indeed any other person in any civil or criminal proceedings whatsoever.

 

  1. A DECLARATION that having regards to the provisions of Sections 7(c) and 8(1) of the Commission of Inquiry Law, 1963, stipulating powers exercisable only by a Commissioner, whether the Letter dated 17th November, 2016, addressed to the Plaintiff and signed by the 10th Defendant directing the Plaintiff to attend the Commission on the 21st November, 2016, for clarification of the matters listed in the said Letter, not being a letter issued by any of the 5th to 9th Defendants or any other letter or process not issued by the 5th – 9th Defendants, as well as any proceedings, hearing and determination by the 4th – 9thDefendants of any matter or consideration of the said letter or pursuant to any other process issued by any person other than the 5th – 9thDefendants; is null and void.

 

  1. AN ORDER OF PERPETUAL INJUNCTION restraining the 1st – 9thDefendants from issuing and/or publishing any recommendation or report pursuant to Memorandum No. JCI/64/2016 by Njin Gyara (Exhibit 3) or pursuant to any other Memorandum, Petition or any other process bordering on or containing criminal allegations, imputations or inferences against the Plaintiff or anybody at all.

 

  1. AN ORDER OF PERPETUAL INJUNCTION restraining the 1st – 3rdDefendants whether by themselves, servants, agents, or privies howsoever called from using any evidence taken by the 4th – 9th Defendants during its proceedings, any recommendations made thereto or any report issued in respect thereof against the Plaintiff or use same to indict the Plaintiff or indeed any other person in any civil or criminal proceedings whatsoever.

 

  1. AND SUCH ORDERS OR FURTHER ORDERS this Honourable Court may deem fit to make.

 

DATED THIS ………. DAY OF …………………………., 2017.

 

BY ORDER OF THE COURT

 

…………………….…………

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1 Comment

  1. Christopher says:

    Lalong has no right to probe Jang while hiding Dariye. And as a matter of facts, Jos crisis begins during the period when Dariye was gov while Lalong was speaker, plha. Lalong is a childish gov, that cannot erase the pass from true Plateau people.

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