The Plateau State government has asked the State High Court to overturn an earlier order preventing it from signing a Memorandum of Understanding (MoU) with Jaiz Bank for the reconstruction of Jos Main Market.
The State Government, in its reasons, responds to the capped lawsuit: PLD/J424/2022, filed by the Hon. Dachung Musa Bagos, challenging his plan to rebuild the market, said the court lacked jurisdiction to hear and decide the case.
Judge SP Gang had, on August 2, 2022, granted an interlocutory injunction restraining Governor Simon Lalong, Plateau State Government, and the Attorney General of Plateau State, being defendants/objectors, respectively, from sign the memorandum of understanding.
However, the five Preliminary Grounds of Objection (P.O), defendants/opponents asserted that “Plaintiff does not have the Locus Standi to bring and maintain this action”.
The motion, filed 08/9/2022, further asserted that “Plaintiff does not have the Locus Standi to bring and maintain this action.” The motion filed on 08/9/2022, further asserted that the plaintiff/defendant failed to file the pre-action protocol form 01 with necessary documents, as required by order 5 rules 5(3) (d) State High Court Rules 2020. “This suit as constituted is not brought by due process of. This honorable court has no jurisdiction to hear…” they said. Defendant’s affidavits in support of the PO, stated that Plaintiff represents the Jos-Sud/Jos-Est Federal Riding, while the subject matter of the lawsuit is located in Bassa/Jos-North Federal Riding.” Plaintiff/Defendant has not disclosed any damages he may suffer above any other person in Plateau State in the execution of the settlement between 2nd Defendant sought a court order dismissing the lawsuit in its entirety for lack of jurisdiction, together with any other order or order that the court may see fit to render in the circumstances.