A High Court of the Federal Capital Territory (FCT) in Jabi, Abuja on Thursday dismissed a suit filed against the immediate past Chairman of the All Progressives Congress (APC), Adams Oshiomhole and three others.
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The suit, marked: FCT/HC/CS/837/2020 was filed earlier this year by a chieftain of the APC, Comrade Mustapha Salihu and five others to among others, challenge Oshiomhole’s continued stay in office after he was suspended by the leadership of the party in his Etsako Ward 10, Edo State.
Other plaintiffs in the suit were Anselm Ojezua, Alhaji Sani Gomna, Oshawo Steven, Hon. Fani Wabulari and Evang. Princewill Ejogharado.
Listed, with Oshiomhole, as defendants were the APC, the Inspector General of Police (IGP) and the State Security Service (SSS).
During a hearing in the suit on March 4 this year, Justice Danlami Senchi granted an interim order, suspending Oshiomhole from further acting as the APC’s National Chairman, on the grounds that, having been suspended by the party in his ward, he could no longer preside over the party at the national level.
Upon an appeal by Oshiomhole, the Court of Appeal in Abuja upheld his suspension in a judgment on June 16, 2020, a decision the former APC Chairman later appealed to the Supreme Court.
But, on Thursday, parties return to the High Court of the FCT in respect of the substantive case.
At the mention of the case, plaintiffs’ lawyer, Oluwole Afolabi told the court that his clients filed a motion on July 1, 2020 for the court’s permission to discontinue the case against all the defendants.
Afolabi said his clients’ decision to discontinue the case was in furtherance of the directive by the leaders of the APC for members to promote peace.
Lawyer to Oshiomhole and the APC, Ginika Ezeoke said she was not opposed to the plaintiffs’ application to discontinue the case.
Ezeoke however urged the court to dismiss the suit on grounds that parties have filed pleadings and joined issues. She also asked for N100,000 cost against the defendants.
Responding, Afolabi said the request for cost would defeat the need to promote peace among members of the APC, which informed his clients’ decision to withdraw the case.
Ruling, Justice Senchi agreed with Ezeoke that the suit ought to be dismissed and proceeded to dismiss it.
The judge however declined to grant cost, but instead, said parties should bear their respective costs
It was learnt that Oshiomhole had, on Tuesday, asked his lawyers to withdraw the notices of appeal he filed in relation to the June 16, 2020 decision by the Court of Appeal, Abuja affirming his suspension.
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