Jos North LG Seeks to Set Aside Judgment in Indigeneity Case, Alleges Lack of Fair Hearing

Yemi Kosoko in Jos

The Jos North Local Government Council has asked the Plateau State High Court to nullify a judgment delivered on June 9, 2026, in a suit concerning the issuance of a Certificate of Indigene to two residents of the council area.

The council argues that the decision was reached without proper service of court processes and in violation of its constitutional right to fair hearing.

In a Motion on Notice filed before the High Court sitting in Jos, the council is seeking to set aside the judgment in Suit No. PLD/J215/2026 involving Fatima Baba Akawu and Baba Alhaji Akawu.

The application was brought pursuant to the Plateau State High Court (Civil Procedure) Rules, 2020, and Sections 6(6)(a) and 36(1) of the 1999 Constitution.

According to the filing, the council contends that it was never served with the originating summons or any valid hearing notice before the matter proceeded to judgment.

It further alleges that the only hearing notice it received was issued from the High Court in Pankshin, even though the case was heard and determined in Jos.

The council maintains this discrepancy misled its officials into travelling to Pankshin on the date indicated, only to discover that no such case was listed there.

The application states that the proceedings “were conducted without the knowledge or participation of the Defendant/Applicant,” adding that there was no affidavit of service showing that court processes were personally served on the chairman, secretary, or any authorised officer of the local government as required by law.

In an affidavit deposed to by the council chairman, John K. Christopher, Jos North said it only became aware of the judgment on June 11, two days after it had been delivered.

The chairman said an inquiry at the court registry confirmed that a default judgment had been entered against the council.

The affidavit further asserts that the council would have participated fully in the proceedings had it been properly notified, noting that the alleged lack of service deprived it of the opportunity to file processes or appear in court.

The council is therefore asking the court to restore the matter to the General Cause List and allow a fresh hearing on the merits.

It is also seeking to set aside all consequential orders, including the directive compelling it to issue a Certificate of Indigene to the first claimant and the perpetual injunction granted by the court.

According to the application, refusing the request “will have the effect of depriving the Defendant of its constitutional right to fair hearing.”

As of the time of filing this report, no date has been fixed for hearing of the application.