A Federal High Court in Lagos yesterday accepted the application for discontinuance filed by 19 All Progressives Congress (APC) lawmakers of the Ekiti State House of Assembly, challenging the impeachment of Speaker Adewale Omirin.
Justice Saliu Saidu awarded N100,000 cost in favour of the defendants.
The plaintiffs had on April 7, filed an application through their lawyer, Norrison Quakers, seeking to discontinue their case against Governor Ayodele Fayose, the seven Peoples Democratic Party (PDP) lawmakers and others, over the ‘unlawful’ removal of Omirin and his deputy, Adetunji Orisalade on November 20, last year.
Also joined as defendants were the Inspector General of Police, the Commissioner of Police and the Department of State Service.
Others include the three commissioners cleared for appointment by the PDP lawmakers in the House.
The plaintiffs, among other things, sought an order restraining the factional Speaker of the House, Dele Olugbemi, and his deputy, Olayinka Abeni, from either parading themselves as or executing duties as leaders of the House.
The plaintiffs’ move to discontinue the suit was objected to by the defendants, who argued that the matter should rather be dismissed, since it has filed its statement of defence.
The defendants’ counsel, E.O. Afolayan, representing his principal, Femi Adesina, urged the court to dismiss the suit because “it is the proper thing to do”.
He prayed the court to dismiss the case to foreclose any future representation of the matter by the plaintiffs.
But the defence lawyer represented by Onyeka Ofoegbu said their prayer was for the court to strike out the matter.
Justice Saidu held that he was cautioned in a democratic setting to dismiss a suit, as that will mean shutting the door of justice against a litigant.
He said: “I have gone through the notice of discontinuance filed by the plaintiffs in this case and the objection of the defendants that they have taken steps in this matter by the processes filed and that this case ought to be dismissed and not struck out.
“The issue of what is to be done in a situation like this where the defendants have taken steps is left at the discretion of the court.”
Citing plethora of legal authorities, Justice Saidu said the court was urged not to take the cruel and lonely path of shutting the door of justice against a litigant.
“In the present democratic setting in this country, I am seriously cautioned to take the path of striking out rather than dismissal. I hereby strike out this case with a cost of N100,000 against the plaintiffs, and in favour of the first to eighth defendants, and 12th to 14th defendants in the case,” he said.
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