A Plateau State High Court sitting in Jos has granted a perpetual injunction order restraining Governor Simon Lalong, the Plateau State Government and the Attorney General of Plateau State from running and managing the Jos Main Market Authority.
The court presided by Justice SP Gang declared that the state government, the governor and the Attorney General did not follow the due processes of the cited sections of federal and state constitutions.
Delivering judgment in the suit filed by a member representing Jos North/East Federal Constituency in the House of Representatives, Hon Dachung Musa Bagos, he declared that any move by the state government to compulsorily build and 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.
Justice Gang issued an order of perpetual injunction restraining the AG of the state, 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.
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 said Hon Bagos Musa instituted the suit on August 1 challenging the power of the defendants regarding the rebuilding of Jos Main Market Authority, stating that due processes were not followed.
“We obtained 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’s favour,” he said.
According to him, “with this judgment in our favour, the power of rebuilding Jos 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 or its agents is null and void and advised that the government should adhere to the rules.