Court grants perpetual injunction restraining Gov.Lalong, others to run Jos Main Market Authority

From Daniel Dauda,Jos

A Plateau State High Court sitting in Jos Division, has on Tuesday granted a perpetual injunction order restraining Governor Simon Bako Lalong, the Plateau State Government and the Attorney General of Plateau state, Barr. Chryscentus Amadu to run the Jos Main Market Authority for flowing the processes of Memorandum of Understanding (MoU) signed with the JAIZ bank for 40 years agreement.

While delivering the judgment, the presiding judge, Justice Stephen Gang declared that the state government, Governor Lalong and the Attorney general didn’t follow the due processes of section 7 of the fourth scheduled of the constitution of the federal republic of Nigeria 1999 as amended under section 3(2) of the LGA 2016 of Plateau State.

Justice Gang stressed that whether the defendants have the power to run, manage or build Jos main market authority which the agreement was unlawful without complying with the guidelines law.

Recall the suit was filed by the Member Representing Jos South/ Jos East Federal Constituency ,Hon Dachung Musa Bagos challenging the MoU between Plateau State Government and the JAIZ bank to rebuild Jos main market authority.

The Judge declared that any move by the state  government to compulsorily build, manage the market is “null and void.”

He granted an order nullifying every action or decisions taken to run,manage the Jos main market authority on behalf of people of Plateau state that has power to run, manage under section 34,81 of the Plateau state bureau of public procurement law of 2018 is illegal and unlawful.

He further slammed an order of perpetual injunction restraining Governor Lalong, Attorney general 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.

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 he (Governor Lalong) didn’t follow the due processes of sections of the 1999 constitution of the Federal Republic of Nigeria as amended.”

Speaking on behalf of the lead counsel, Barr. Nancwat Durven said, 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 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 7 relieves sought. However, the first relief granted multiplication while others were granted in claimant favour.

According to him, “with this judgment in our favour the power of rebuilding of Jos main market authority, the government has been suspended indefinitely and we are of the opinion that, Governor Simon Lalong and state government should follow the appropriate procedure of bidding for the rebuilding of the market.

“As it stands, whatever agreement that the Government most have been entered with any prospective contract before is null and void and I am advising that the government should adhere to the rules”, Lagos lead Counsel mentioned.