By Our Correspondent
The Federal High Court sitting in, Abeokuta presided by Justice Joyce Obehi Malik on Wednesday dismissed All Progressive Congress (APC) suit filed against Hon Ladi Adebutu, the Peoples Democratic Party (PDP) Ogun State Governorship candidate for the 2023 gubernatorial election and and his running mate, Hon Adekunle Akinlade and the PDP and awarded a six million naira (N6m) cost to Hon Adekunle Akinlade and the PDP.
The APC had in a case with Suit No FHC/AB/CS/149/2022 filed against Hon Adebutu, his running mate, Hon Akinlade and the PDP, challenging their qualification to contest the 2023 governorship election for alleged double nomination.
However, Chief Mike Ozekhome in the defence for Adebutu, Akinlade and the PDP, led Prof Amuda-Kannike, SAN, Chief Emeka Okpoko, SAN, Isiaka Olagunju, SAN, Kadiri Asamah, SAN, Clement Onwuenwunor, SAN, and a team of other lawyers. Meanwhile, Wale Habeeb Ajayi, Esq, was Counsel for the Plaintiff, APC.
Ozekhome (SAN) had urged the court to dismiss the suit in its entirety, notwithstanding the belated notice of discontinuance hurriedly filed by the APC only on Wednesday morning when it was obvious they had lost the case on its merit. 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 day, before the APC, sensing its imminent defeat, suddenly threw in the towel belatedly by filing a notice of discontinuance on Wednesday 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 and award heavy cost of 3m against the APC in favour of Adebutu.so as to prevent the APC from ever coming back through the back door to file a similar frivolous suit.
Meanwhile, Bar Wale Habeeb conceded to the order of dismissal as being the proper order to make, but conceded only 1m as cost. The court wholly agreed with Chief Ozekhome and Kannike’ 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. She 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.
