A high court of the Federal Capital Territory (FCT), on Wednesday, struck out the suit seeking the removal of the National Chairman of the All Progressives Congress (APC), Adams Oshiomhole, from office over the intra-party crisis rocking the Edo State chapter of the party.
The suit, which was initiated by the Governor Godwin Obaseki-led faction of the party, was struck out by Justice S. O. Orji who awarded the cost of N100,000 against the plaintiffs, who withdrew the action.
Counsel to the plaintiffs Abang Peter informed the court that his clients 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.”
Specifically, Steven Oshawo and others from Ward 10, Etsako West Local Government Area of Edo State, where Oshiomhole hails from, had gone to court asking it to stop Comrade Oshiomhole from parading himself as national chairman of the All Progressives Congress (APC), after alleging that Oshiomhole had been suspended from the APC by members of his Ward 10.
But Oshiomhole in his defence argued that the appellants do not have the powers to suspend him according to the constitution of the APC, besides all the plaintiffs in the suit were earlier suspended in their respective units in Ward 10. Therefore, at the time they purported to have suspended the national chairman, they had no such powers anymore since they were earlier on suspension.
Oshiomhole also noted before the court that Article 21 of the APC constitution automatically expels any party member who runs to court without exhausting the provisions of the APC constitution; he, therefore, 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 withdraw 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 stressed: “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 plaintiff was 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.”