Ozekhome urged Justice Malik to dismiss the suit in its entirety and award heavy cost of N3m 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.
By Jeffrey Agbo
A Federal High Court in Abeokuta, Ogun State has dismissed a suit filed by the All Progressives Congress (APC) against the PDP governorship candidate for Ogun State, Ladi Adebutu, and his running mate, Adekunle Akinlade and the PDP.
The APC had filed the suit challenging Akinlade and Adebutu’s qualification to contest the 2023 governorship election for alleged double nomination.
Justice Joyce Malik, in his ruling on Wednesday, awarded a total of N6 million cost to Adebutu, Akinlade and the PDP.
In the defence for Adebutu, Akinlade and the PDP, Mike Ozekhome led Prof Amuda-Kannike, SAN; Emeka Okpoko, SAN; Isiaka Olagunju, SAN; Kadiri Asamah, SAN; Clement Onwuenwunor, SAN; and a team of other lawyers. Wale Ajayi was counsel for the plaintiff, APC.
READ ALSO:
2019: Ladi Adebutu is Ogun PDP governorship candidate, says Ologbondiyan
Ozekhome had urged the court to dismiss the suit in its entirety, notwithstanding the belated notice of discontinuance filed by the APC on Wednesday morning.
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 Tuesday, before the APC filed a notice of discontinuance.
Ozekhome urged Justice Malik to dismiss the suit in its entirety and award heavy cost of N3m 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.
Ajayi conceded to the order of dismissal as being the proper order to make, but conceded only N1m as cost.
The court agreed with 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 Adebutu, Akinlade, and the PDP.
