An Abuja High Court on Wednesday struck out a suit seeking to oust Comrade Adams Oshiomhole, as National Chairman of the All Progressives Congress, APC.
The Court presided over by Justice S.O.Oriji, on Wednesday, struck out the suit filed by one Steven Oshawo and others, from ward 10, Etsako West Local Government Area of Edo State, where Oshiomhole hails from.
Oshawo and other 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 has been suspended from the APC by members of his ward.
A statement by Chief Press Secretary to Oshiomhole, Simon Egbuegbulem said Oshiomhole in his defence, argued that the plaintiffs does not have the powers to suspend him according to the constitution of the APC, adding that all the Plaintiffs in the suit were earlier suspended in their respective units in ward 10.
He argued that at the time they purported to have suspended him as National Chairman, they had no such powers anymore since they were earlier on suspension.
Oshiomhole also argued that article 21 of the APC constitution automatically expels any party member who ran to court without exhausting the provisions of the APC constitution, therefore described the suit as lacking merit and should be dismissed.
However, in his ruling, Justice S.O.Oriji, struck out the matter and awarded N100,000 cost against the Plaintiffs.
The plaintiffs had sought to withdraw the case on the 20th of January, 2020, when they were served with all the processes by the Defendant, but Counsel to Oshiomhole, Ikhide Ehighelua Esq. opposed the application through a counter affidavit and urged the court to dismiss the suit in its entirety.
Ehighelua stressed that “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 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”.
By Tony Akowe