The Federal High Court, sitting in Abeokuta, the ogun State capital, has dismissed a suit filed by the All Progressives Congress (APC) challenging the qualification of Ladi Adebutu of the Peoples Democratic Party (PDP) and his running mate, Adekunle Akinlade to contest the 2023 Ogun State governorship election.
The court presided over by Justice Joyce Obehi Malik threw out the suit, APC versus INEC and three others referenced, FHC/AB/CS/149/2022, filed by the APC, challenging Akinlade and Adebutu’s qualification for alleged double nomination.
The court awarded N6 million cost to Adebutu, Akinlade and the PDP.
In the defence for Adebutu, Akinlade and the PDP, Chief Mike Ozekhome led Prof Amuda-Kannike, SAN, Chief Emeka Okpoko, SAN, Isiaka Olagunju, SAN, Kadiri Asamah, SAN, Clement Onwuenwunor, SAN, and a team of other lawyers.
Wale Habeeb Ajayi represented the plaintiff, APC.
Chief Mike Ozekhome 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 when it very well knew it had lost the case on its merit.
Ozekhome 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, before the APC, sensing its imminent defeat, suddenly threw in the towel belatedly by filing a notice of discontinuance just this 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 N3 million against the APC in favour of Adebutu to prevent the APC from ever coming back through the back door to file a similar frivolous suit.
The plaintiff’s lawyer conceded to the order of dismissal as being the proper order to make, but conceded only N1 million 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 Adebutu, Akinlade, and the PDP.