By: Valentine Adese and Alfred Saiki,
For the second time, the Plateau State High Court, presided over by Hon. Justice Pius Damulak, the Chief Judge of the state, has adjourned the suit No. PLD/J/90/2017, filed by Sen. Jonah Jang, seeking to restrain Governor Simon Lalong, from publishing the recommendations of the Judicial Commission of Inquiry (JCI) instituted to investigate all the financial transactions entered into within Sen. Jang’s eight years in office, as the governor of the state, to 15th August, 2017, for ruling.
You would recall that the Court had adjourned the suit for ruling/to 26th July, 2017 but, according to the Judge, the ruling was not ready for delivery and the court had to adjourn the ruling to today, 27th July, 2017..
You would recall that Other Defendants on the face of the suit filed by Sen. Jang’s Counsel include, Plateau State Government, the Attorney-General of Plateau state, Judicial Commission of Inquiry into the activities of the Government of Plateau state of Nigeria from 29th , day of May, 2007 to 29th day of May, 2015, Hon. Justice Stephen Adah, JCA (Chairman), Prof. Mrs. Bibiana Bawa (member), Barr. Aliyu Sangei (member), Prof. Ekoja B. Ekoja (member), Engr. Simon Onu Agamah (member) and Sani Alhaji Yahaya Mavo (Secretary).
Sen. Jang is seeking for an Order of Perpetual Injunction, restraining the Defendants from issuing and/or publishing any recommendation or report pursuant to Memorandum No. JCI/64/2016 by Njin Gyara or pursuant to any other Memorandum, Petition or any other process bordering on or containing criminal allegations, imputations or inferences against the him or anybody at all.
Sen. Jang is also seeking for an order perpetual injunction, restraining the Defendants, whether by themselves, servants, agents, or privies howsoever called from using any evidence taken by the Commission during its proceedings, any recommendations made thereto or any report issued in respect thereof against the him or use same to indict the in or indeed any other person in any civil or criminal proceedings whatsoever.
The suit filed by the Counsel to Sen. Jang, Sunny-Gabriel Odey, Esq of Sunny-Gabriel Odey& Associates with S. Oyawole, Esq, N.I. Darong, Esq, Joshua John, Esq, A.M. Umar (Mrs.), D.P. Dusu, Esq, Frank Daniel, Esq, P.E. Dakyen, Esq, Ifeoma Anerobi (Mrs.), U.C. Agu (Miss), W.S. Gwankat, Esq and signed for by Joshua John, Esq, wants the court to Declare that, having regards to Paragraph 1 of the Instrument establishing and constituting the Defendants containing the terms of reference, Plateau State Notice No. 1 and Sections 1(3), 6(6)(a), 35(1)(c) & 36(1),(4),(6)&(11) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Defendants cannot ascertain, entertain, hear and/or determine any Memorandum, Petition or any other process bordering on or containing criminal allegations, imputations or inferences.
Sen. Jang also wants the Court to Declare that, having regards to the provisions of Sections 1(3), 6(6)(a), 35(1)(c) & 36(1),(4),(6)&(11) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the proceedings, ascertainment, hearing and/or determination by the 4th – 9th Defendants of Memorandum No. JCI/64/2016 by Njin Gyara or any other Memorandum, Petition or any other process bordering on allegations of “fictitious” award of contracts, misappropriation of public funds, fraud, cheating, and violations of the Public Procurement Act or any other offence howsoever called is a nullity, unconstitutional and void.