ABUJA, Federal Republic of Nigeria – A Federal High Court in Abuja, on February 11, 2015, struck out the suit challenging the eligibility of President Goodluck Jonathan to contest the 2015 presidential election as the plaintiffs, Professor Tunde Samuel, Dr. Junaidu Mohammed, Mr. Rasak Adeogun and Yahaya Ezeemoo Ndu, decided to withdrew the matter from court.
When the matter was called-up for hearing, the plaintiffs counsel, Alex Okoja, prayed the court to bring the matter to a denouement saying that his clients had already entered a notice of discontinuance at the court’s registry. Okoja told the federal high court that his clients filed the notice of discontinuance on February 4, 2015. And notice of withdrawal had been served on Goodluck Jonathan.
The legal counsel to Goodluck Jonathan, Ade Okeaya-Inneh, SAN, while acknowledging receipt of the notice for withdrawal, urged the court to award substantial cost against the plaintiffs for filing a “frivolous suit”. Ade Okeaya-Inneh, SAN, said: “My lord, we have been served and we have no objection, but we will be asking for cost. We have been in and out of court on this particular matter. We have already filed our processes. This matter was filed by seven SANs, and I assume with greatest respect that they should have taken out time to evaluate the merit of the matter before bringing us here.”
In his ruling, Justice Mohammed of the Federal High Court in Abuja orderd the plaintiffs to pay NGN50,000 to the defendant. The judge said: “In law, cost follows events. A party who took out an action against another party and went ahead to cause a hearing notice to be issued by the court on that party, only to turn around and withdraw the matter, must be ready for some sanction. In the circumstance of this suit, therefore, the defendant is entitled to a cost. I award the cost of N50,000 to the defendant and this suit is hereby struck out”.
