Justice Okeke of High Court of the FCT, has not removed Folarin Aluko, as the Chairman of NBA Unity branch as contrary peddled by some people.

According to the ruling sighted by TheNigerialawyer(TNL) in a suit filed by the Chairman, Folarin Aluko, and Ebuka Nwaeze against Abimbola Kayode the court declined the jurisdiction to hear the suit because the Plaintiff ought to have instituted the action by Writ of Summons and not Originating Summons.

Other Defendants in the suit are Chidi Ezenwafor and Access Bank PLC.

Justice Okeke in his ruling in the suit No: FCT/HC/ 954/2019 and Motion No FCT_HC/CV/M/5876/2019, the court held:

“By the reason of these findings, the court holds the clear but firm view that the Respondent ought not to have commenced their instant action vide Originating Summons but rather a Writ of Summons. The action having been commenced vide the wrong mode of action and inconsistent with the provision of the Rules Of Court 2018, is incompetent and the court lacks the jurisdiction to entertain it. By reason of these, the sole issue raised above is resolved in favor of the Applicants against the Respondents.

“The Court having found that it lacks the jurisdiction to entertain the suit, the option open to it is to strike out the suit and not dismiss it, the court rules.

Click here to Downolad Court Ruling in PDF format

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