Saturday, 16 September 2017

SEN. JANG Vs GOV. LALONG AND 9 OTHERS: NOT YET OVER, AS SEN. JANG MAY HEAD FOR APPEAL SOON!



By: Valentine Adese,

The last is yet to be heard of the Originating Summons 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 his eight years in office, as the governor of the state, from 29th May 2007 to 29th May 2015, as there are strong indications that Sen. Jang may soon be heading to the Court of Appeal, to challenge the Judgment of the Plateau State High Court, dismissing the suit.
L-R: SEN. JANG AND GOV. LALONG
 You would recall that the Plateau State High Court, presided over by Hon. Justice Pius Damulak had dismissed the Originating Summons filed by Sen. Jonah David Jang, representing Plateau North Senatorial District at the upper chambers of the National Assembly and also resolved all the 11 questions in the Originating Summons in favour of Governor Simon Lalong and Nine (9) other Defendants in the suit.


More also, the court had Ordered that Sen. Jang should pay the sum of N3.4million to the Defendants as cost.

The Court ordered that, N400,000.00 should be paid to Governor Lalong, N1Million to the Plateau state Government and the Attorney General and Commissioner of Justice of the State, Hon. Jonathan Mawuyau (Esq) respectively.

Dismissing the Suit and refusing the reliefs sought by Jang, Justice Damulak held that, no evidence of criminality against the Plaintiff (Jang) is before him and hence his action was premature.

Justice Damulak said, “No evidence of indictment of the Plaintiff is before me, it is speculative and therefore discloses no cause of action. The Plaintiff’s action is hereby dismissed and the reliefs, refused.”
It is however of note that, the Plaintiff (Sen. Jang) and his Counsel were not in Court at the time of delivering this ruling  and that the Plateau State High Court was on Vacation.

From information gathered so far by REALITY, some of the grounds for appealing the judgment delivered by Hon. Justice Damulak, is that, it was delivered on vacation by Hon. Justice Pius Damulak, while there was a Vacation Judge already in the state and that no notice was served for the sitting of that day on the plaintiff and his lawyer.

According to the findings, lawyers who are sympathetic to the course of Sen. Jang have submitted that, the service of notice is fundamental to such hearing date to give the business of that day the force of law.

You would however recall that, each Counsel to the defendants in the suit had told Hon. Justice Damulak that, there was consent by members of the Bar, for the delivery of the judgment on 15 August, 2017, which the Hon. Judge ruled in their favour, before delivering the judgment.

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.

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