By Pwanagba Agabus, Jos
A Jos High Court has adjourned to the 30th August, 2022, for the continuation of hearing on a suit filed by Member Representing Jos South/Jos East Federal Constituency in the House of Representatives, Hon. Dachung Bagos challenging Governor Simon Lalong, the State Government, the Attorney General of Plateau State and the Commissioner for Justice over the planned signing of a Memorandum of Understanding (MoU) with Jaiz Bank to rebuild the Jos Main Market.
Recall that the Jos Main market was burnt down at the wake of the 2001 crisis with over 3700 shops destroyed which had affected the sources of livelihood of traders in the market for over 20 years ago.
Bagos had secured a court injunction at the Plateau State High Court, restraining the state government from signing an MOU with Jaiz Bank on the reconstruction of the Jos Main Market.
The injunction, which was granted on 2nd August 2022 by Justice Samson Gang, restrained Governor Lalong, the state government and Attorney General and Commissioner for Justice, Plateau State from signing any MOU with Jaiz Bank pending a hearing of the substantive suit.
However, when the matter came up for hearing, Counsel to the claimant /applicant, Niri Darong, told the court that the defendants in his reaction to their originating surmount have chosen to file a preliminary Objection (P.O) and to allow notice of originating surmount on the fact that two applications shouldn’t take together respectively.
According to him, the counsel claimant /applicant says they filed their originating surmount dated 9/8/2022 and the notice of P.O also 9/8/2022 and was served on the objectors which they filed their counter affidavit in a response dated 15/8/2022, adding that the objectors also filed another dated 3/8/2022 in response to the notice of originating surmount.
Darong told the court that they gave the objectors space of time to file their response which is within 21 days of notice, adding the P.O filed by defendants challenging the court for lack of jurisdiction to entertain the suit.
Speaking on the suit filed, Barr. Niri Darong said the learned Attorney General of Plateau state said Hon Bagos has no right to sue regarding so many breaches of several agreements in the proposed MoU with the Jaiz bank.
According to him, “The constitution of the Federal Republic of Nigeria has given every citizen of Nigeria the right to challenge any act of government.
Adding that,”Bagos under the act of his present office has the right to defend the right of his people and that of his constituents and State.
Meanwhile, the Attorney General and Commissioner for Justice in the State, Barr. Chrysantus agreed that the originating surmount and existing surmount be taken together
Presiding Judge, Justice Samson Gang graciously granted the adjournment to the 30th August 2022 for the continuation of the hearing.
