Bagos vs Plateau govt’t: Court fixes September 13, 2022 for ruling on Jaiz Bank, Jos main market

Plateau State High Court sitting in Jos, has on Tuesday fixed 13th September 2022, for ruling on a suit filed by member representing Jos East /Jos South Federal Constituency in the National Assembly, Hon. Dachung Musa Bagos challenging Governor Simon Lalong, the State Government, the Attorney General of Plateau State and the Commissioner for Justice over the planned signing of an MoU with Jaiz Bank to rebuild the Jos Main Market Authority.

The Plateau State Commissioner for Justice and Attorney General, Barr. Crysanthus Ahmadu had on Tuesday appeared before Justice S.P Gang of Court Five on the matter instituted by the Federal Lawmaker against Governor Simon Bako Lalong, Plateau state Government, and the Attorney general of the state over the controversy regarding the rebuilding of Jos Main Market.

The matter came on Tuesday 30th August 2023 for continuation before Justice S.P Gang who is the vacation Judge.

In his submission, the defense Counsel Crysanthus Ahmadu made an oral application for the matter to be adjourned and the case file sent to the Chief Judge to consolidate the matter with the similar one filed by one Philemon Dafi.

But, Counsel to Bagos, Niri Darong opposed the application because they are not a party to the other matter and the said matter cannot also be heard by a vacation Judge.

In his ruling, the Judge ordered the matter to be continued.

Counsel to the first, second, and third respondent, Crysanthus Ahmadu, objected to the ruling and accused the Judge of bias and that they don’t have confidence in the judge that he should recuse himself and send the case file to the CJ.

The Judge responded that he will not send the file but rather will continue with the matter.

Niri Darong, Counsel to the claimant averred that the law is settled and clear and that any party that has no confidence in a judge should come through an oath, Darong further informed the court that all judges are on vacation except his Lordship and his Lordship should dismiss the application.

The matter continued after the Counsel apologises to the court for his allegations and said if he walk out of the court, that will be against the interest of his clients.

The Judge heard the application of the Claimant’s Counsel asking the court to strike out the reply on point of law of the Defence counsel because he was trying to reargue his preliminary objection.

Another motion that the court entertained was the motion filed by the Defence saying for the extension of time.

The originating summons instituted by the Defence was equally heard.

In his adumbration, the claimant Counsel argued that certain provisions of the Private Public Partnership and Bureau of Public Procurement of Plateau state were bridged by the respondents.

They admitted that there was no open bidding contrary to the two laws passed by the defendants themselves in 2015 and 17 respectively.

Criminal sections were cited in those-compliance, particularly sections 72 to 81 of the PPP 2017 and section 81 of the Bureau of Public Procurement 2018.

So they are not complying with those e laws and the Government can’t be run as family and friends.

He said that they did not show any account they opened by the PPP.
Further cited are sections 43 to 46 of the Public Private Partnership of Plateau.

He urged the court to grant all the reliefs sort by the Claimant.

Also adumbrating, the counter affidavit filed by the defendant the Counsel urged the court to dismiss the Claimant’s sue.

The Attorney general said the Claimant can’t shift his burden of oath.

After listening to both parties, the Presiding Judge, Justice S.P Gang adjourned the matter to 13th September 2022 for Ruling.