The Federal High Court, Abeokuta on Wednesday, October 19, dismissed a suit filed against the Peoples Democratic Party (PDP), the Independent National Electoral Commission (INEC) and Ladi Adebutu by the All Progressives Congress (APC).
The APC in its suit with number FHC/AB/CS/149/2022 challenged the qualification of Adebutu, the PDP's governorship candidate and his running mate, Adekunle Akinlade, to contest the 2023 governorship election for alleged double nomination.
Dapo Abiodun is the incumbent governor of Ogun state.Photo: Dapo Abiodun Source: Twitter
In its ruling, the court awarded a total of N6 million cost to Adebutu, Akinlade and the opposition party.
In the defence of Adebutu, Akinlade and the PDP were a senior advocate of Nigeria, Mike Ozekhome who led Amuda-Kannike, Emeka Okpoko, SAN, Isiaka Olagunju, Kadiri Asamah, Clement Onwuenwunor, SAN, and a team of other lawyers.
Wale Habeeb Ajayi, Esq, was Counsel for the ruling APC.
Ozekhome in his submission urged the court to dismiss the suit in its entirety, notwithstanding the belated notice of discontinuance hurriedly filed by the APC on the morning of their appearance in court.
He argued that the case had come up on four different occasions for argument after issues had been properly joined by all parties and arguments had indeed commenced only on Tuesday, October 18.
He added that it was after the APC sensed its imminent defeat that suddenly threw in the towel belatedly by filing a notice of discontinuance just this morning - the second day of hearing and argument.
Citing several appellate court decisions, including amongst others, Zoaka V. Buba & Anor (2020), Ogbu V. Nnamchi & Anor (2014), Eronini V. Iheuko (1989), and Ezomo V. AG, Bendel state (1986), Ozekhome urged Justice Joyce Obehi Malik to dismiss the suit in its entirety.
He also prayed the court to award a heavy cost of N3 million against the APC in favour of Adebutu.
According to the SAN, this is to prevent the APC from ever coming back through the back door to file a similar frivolous suit.
In addition, Barrister Wale Habeeb conceded to the order of dismissal as being the proper order to make but conceded only N1 million as the cost of damage.
The court agreed with Chief Ozekhome and Kannike's s submissions that the proper order to make in the circumstances of the case was one of outright dismissal and not one of merely striking out the case.
The judge accordingly dismissed the case and awarded N6 million cost in favour of the defendants (N2 million apiece) - to Hon Ladi Adebutu (the PDP’s governorship candidate for Ogun State), his running mate, Hon Adekunle Akinlade, and the PDP.
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