The Plateau State Government has asked the state high court to set aside an earlier order stopping it to sign a Memorandum of Understanding (MoU) with Jaiz Bank on the rebuilding of the Jos Main Market.
There has been controversy on the rebuilding of the market, with individuals and groups in the state disagreeing with government on signing the MoU with Jaiz Bank.
The state government, in its respond to a suit capped: “PLD/J424/2022”, filed by Hon Dachung Musa Bagos challenging its planned reconstruction of the market, said the court lacked jurisdiction to hear and determine the matter.
Justice S. P. Gang had on August 2, 2022, granted an order of interlocutory injunction restraining Governor Simon Lalong, Plateau State Government and the Attorney General of Plateau State, being defendants/objectors from signing the MoU.
However, on the five grounds of preliminary objection, the defendants/objectors averred that the, “The claimant lacks the locus standi to institute and maintain the present suit.”
The motion, filed on August 9, 2022, further averred that the claimant/respondent did not file pre-action protocol Form 01 with the necessary documents as required by Order 5 Rule 5 (3) (d) of the state high court.
The stste government said, “This suit as constituted is not initiated by due process. This honourable court lacks the jurisdiction to entertain…”
The defendants, in their affidavit in support of the preliminary objection, said the claimant represented Jos East/Jos South Federal Constituency, whereas the subject matter in the suit was situate in Bassa/Jos North Federal Constituency.
They, therefore, sought an order of the court dismissing the suit in its entirety for being incompetent, as well as any further order or orders as the court might deem fit to make in the circumstance.