An Abuja High Court on Wednesday dismissed a suit seeking to have Adams Oshiomhole removed as National Chairman of the All Progressives Congress (APC).
The suit was filed by one Steven Oshawo and others.
In dismissing the suit, Justice S.O. Oriji, awarded N100,000 cost against the Plaintiffs.
Oshawo and others from Oshiomhole constituency, ward 10, Etsako West Local Government Area of Edo State, had gone to court asking it to stop Oshiomhole from parading himself as National Chairman of APC.
The Plaintiffs had also alleged that Oshiomhole had been suspended from the party.
In his defence however, Oshiomhole, argued that the Plaintiffs did not have the powers to suspend him according to the constitution of the party.
He contended further that all the plaintiffs in the suit were earlier suspended in their respective units in ward 10 saying therefore, at the time they purported to have suspended him, they had no such powers anymore since they were already on suspension.
Oshiomhole also drew the Court’s attention to article 21 of the APC constitution which automatically expels any party member who ran to court without exhausting the provisions of the APC constitution.
He therefore described the Plaintiffs suit as lacking merit and should be dismissed.
Meanwhile, on January 20, 2020, upon being served with all the processes by the defendant, the plaintiffs filed a motion seeking to withdraw their suit against Oshiomhole.
However, 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 prayed the court: “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”.
In his ruling, Justice S.O.Oriji, struck out the matter and awarded N100,000 cost against the plaintiffs.