Gbajabiamila: Court annuls suit challenging speaker's eligibility
Wed Jun 26, 2019 11:54:am National
2.5K By Afam Jude Offor
Philip Undie, the plaintiff challenging the eligibility of Femi Gbajabiamila, the speaker of the House of Representatives, has discontinued the case. Justice Inyang Ekwo in his ruling also refused to award cost against Undie as prayed for by Gbajabiamila's lawyer, Femi Adedeji The Federal High Court in Abuja on Tuesday, June 25, dismissed a suit challenging the eligibility of the speaker of the House of Representatives, Femi Gbajabiamila. The court's ruling, issued by Justice Inyang Ekwo, came after the plaintiff, Philip Undie, filed an application to drop the case through his new lawyer, SD Okoro.
In the ruling Justice Ekwo said: “On the last day of hearing of this case, Mr. Okoro appeared for the plaintiff but there was no processes before the court showing that there was a change of counsel before the court. “Today (Monday), I take notice of a process titled ‘Change of counsel’ by Mr. Okoro dated June 20, 2019. Therefore, I am satisfied that Mr. Okoro has authority to represent the plaintiff in this case and therefore entitled to conduct the case in accordance with the law. “Now, Mr. Okoro has adopted the notice of discontinuance dated June 17, 2019, and this is happening after issues have been joined in the substantive matter. Mr. Okoro is praying that the matter be struck out. “I have listened to Mr. Adedeji, counsel for the 1st defendant, and on the consequential order to be made at this stage. “It is the law that when parties have joined issues and the plaintiff seeks to withdraw the case, the proper order is that dismissing the suit. It is in this light that I agree with the learned counsel for the 1st defendant, and I hereby make an order dismissing this suit. "On the issue of cost, I will not make any order as to cost since parties decided to end the matter peacefully. I allow them to go home without grudges against each other.
In the ruling Justice Ekwo said: “On the last day of hearing of this case, Mr. Okoro appeared for the plaintiff but there was no processes before the court showing that there was a change of counsel before the court. “Today (Monday), I take notice of a process titled ‘Change of counsel’ by Mr. Okoro dated June 20, 2019. Therefore, I am satisfied that Mr. Okoro has authority to represent the plaintiff in this case and therefore entitled to conduct the case in accordance with the law. “Now, Mr. Okoro has adopted the notice of discontinuance dated June 17, 2019, and this is happening after issues have been joined in the substantive matter. Mr. Okoro is praying that the matter be struck out. “I have listened to Mr. Adedeji, counsel for the 1st defendant, and on the consequential order to be made at this stage. “It is the law that when parties have joined issues and the plaintiff seeks to withdraw the case, the proper order is that dismissing the suit. It is in this light that I agree with the learned counsel for the 1st defendant, and I hereby make an order dismissing this suit. "On the issue of cost, I will not make any order as to cost since parties decided to end the matter peacefully. I allow them to go home without grudges against each other.
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