By Monday Osayande
Justice S. O. Oriji of the Abuja High Court has struck out the suit filed by one Steve Oshawo and others against the removal of the National Chairman of All Progressive Congress, APC, Comrade Adams Oshiomhole from office.
Oshawo and others from ward 10, Etsako West Local Government Area of Edo State, had instituted a court action against Oshiomhole who also hails from the council to stop him (Oshiomhole) from parading himself as National Chairman of APC after alleging that he had been suspended from the party by members of his ward 10.
However, Oshiomhole in his defence, argued that the Appellants do not have the powers to suspend him according to the constitution of the APC.
He also added that the Plaintiffs have been suspended in their respective units in ward 10, and therefore have no such powers to suspend him anymore since they were suspended after all.
Oshiomhole told the court that article 21 of the APC constitution automatically expels any party member who approached court without exhausting the provisions of the APC constitution, and thus described the suit as lacking merit and should be dismissed.
However, on the 20th of January, 2020, upon being served with all the processes by the Defendant, the Plaintiffs filed a motion seeking to withdrawing the suit filed against Oshiomhole.
But Counsel to Oshiomhole, Ikhide Ehighelua opposed the application through a counter affidavit and urged the court to dismiss the suit in its entirety.
Ehighelua said “My Lord, this matter should be dismissed because discontinuance is not directed at any peace. The Plaintiffs have gone to file another matter with similar reliefs in the FCT High Court so the issue of discontinuance in this matter does not hold water because they knew already they have no case here, so the suit should be dismissed in its entirety my Lord and award damages to the Defendant”.
Counsel to Oshawo and others, Abang Peter, said the Plaintiffs were no longer interested in the suit against the National Chairman, adding that “upon deep reflection, the Claimants thought it wise to instruct that we discontinue the suit against the APC National Chairman”.
However, in his ruling, Justice S.O.Oriji, struck out the matter and awarded N100,000 cost against the Plaintiffs.
