Simon Bako Lalong
Senator Jonah David Jang, representing Plateau North, has dragged the Plateau State Government to court, seeking an order of perpetual injunction restraining it from using any evidence, reports and the recommendations of the sittings of the Judicial Commission of Inquiry into activities of his government between 2007 and 2015.
Coming through an originating summons signed on February 10, 2017, the suit by Jang has the governor of Plateau State, Simon Lalong, Plateau State Government, Attorney-General of Plateau, Mr. Jonathan Mawiyau, Commission of Inquiry, its Chairman, Justice Stephen Adah, as well as members of the commission and its secretary as respondents.
Coming up for the first time since it was instituted, the plaintiff seeks 10 questions for determination, including whether the judicial commission of inquiry can ascertain, entertain, hear or determine any memorandum, petition or any other process bordering on criminal allegations, imputations or inferences.
Also slated for determination by the plaintiff is whether memorandum JC1/64/2016 and any other petitions whatsoever bordering on criminal allegations, imputation or inferences, and whether memorandum No JC1/64/2016 by Njim Gyara (a witness) or any other petitions bordering on allegations of fictitious award of contracts, misappropriation of public funds, fraud, cheating, violation of the Public Procurement Act or any other offence is unconstitutional, null and void.
The former government is also seeking an order for perpetual injunction restraining the defendants from issuing any recommendations or reports to the memoranda of Njim Gyara or any other memorandum containing criminal allegations against him or anybody at all.
Jang also sought an order from the court restraining the governor of Plateau state, Plateau State Government and Attorney – General of the State, their servants, privies or agents from using evidence taken during the proceedings of the judicial commission of inquiry made therefrom to indict the plaintiff (himself) or any other person in the civil or criminal proceedings whatsoever.
When the matter came up on Friday, the three counsels to the respondents applied to sign their notice of appearance and filed a counter-affidavit out of time and were not opposed by the counsels to the plaintiff.
The Chief Judge of the State, Mr. Justice Pius Damulak, who presided over the matter, adjourned the case to May 16 for hearing in the originating summons and further applications.
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