A Federal High Court sitting in Port Harcourt has dismissed a suit filed by African Democratic Congress aspirant, Legborsi Nwiabu, challenging the emergence of Bright Nulee as the party’s candidate for Khana State Constituency I in the Rivers State House of Assembly election.
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Justice Muhammed Turaki dismissed the action on Wednesday after counsel to Nwiabu, Felix Beragbara, informed the court that his client had decided to discontinue the case against the ADC, Nulee and the Independent National Electoral Commission.
Beragbara made an oral application for withdrawal of the suit, explaining that the decision followed intervention by the ADC Peace and Reconciliation Committee in Rivers State, headed by Emma Chindah.
The plaintiff’s counsel also acknowledged the intervention of the party’s Board of Trustees Chairman, Raph Nwosu, and its governorship candidate, Gabriel Pidomson.
The application was not opposed by counsel to the ADC and Nulee. INEC’s counsel, however, asked the court to award costs.
Justice Turaki granted the application, dismissed the suit and awarded ₦50,000 costs in favour of INEC.
Speaking with journalists after the proceedings, Beragbara said the parties had been exploring an out-of-court settlement following discussions initiated by senior members of the ADC.
“We accepted to go and explore the option of settlement of this matter out of court. So, through out this period, the parties have been discussing, they’ve been talking with our client,” he said.
According to him, Nwiabu ultimately chose to place the collective interest of the party above his personal ambition.
“And our client being a very good party man, who desires the success of his party and who elevates the interest of his party beyond or above his own personal interest, chose to ditch his own personal interest, in favour of the collective interest of the entire party, to ensure that the party stands strong and is able to present a candidate in the forthcoming election,” Beragbara said.
He added that the intervention of leading members of the party persuaded Nwiabu to “step down his suit and to sheath his sword.”
The dismissal brings the Federal High Court challenge to Bright Nulee’s emergence as the ADC candidate for Khana State Constituency I to an end, following the party’s internal reconciliation efforts.
Counsel to the ADC, Nulee and INEC declined to comment on the proceedings after the ruling.
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