A Federal High Court in Lagos on Thursday struck out a suit
filed by the 19 All Progressives Congress (APC) lawmakers, challenging the
removal of the Speaker of the State House of Assembly, Adewale Omirin and his
deputy, Adesegun Orisalade. Justice Saliu Saidu, who gave the ruling, awarded a
cost of N100, 000 against Omirin and 18 other lawmakers.
The judge struck out the suit after listening to the
submission of the counsel to the APC lawmakers, Mr Norrison Quackers,
represented by Mr Onyeka Ofoegbu. He had urged the court to strike out the suit
without cost. Counsel to the defendants, Mr Kayode Olufala, urged the court to
dismiss the plaintiffs’ suit with a substantial cost.
The PDP lawmakers, while urging the court to dismiss plaintiffs’
suit, supported their application with the provisions of Order 15 Rule 2 (1) of
the Federal High Court Civil Procedure Rules. Saidu said:“I have gone through
the notice of discountenance and objection filed by the defendants, urging the
court to dismiss the plaintiffs’ suit.
“The defendants have taken steps in this case by the
processes they filed, saying this case ought to be dismissed and not struck
out. “The issue in a situation like this where the defendants have taken steps
is left at the discretion of the court in the case of Rear Admiral Ebi Borpeni
Vs Darabella Nigeria Ltd; 2014.
“However, this issue has been well discussed in the case of
Abayomi Babatunde Vs Pan Atlantic Shipping and Transport Agency Ltd and others
where the court was urged not to close the door of justice.
“In the present
democratic setting in this country, I am cautioned to take the path of striking
out the case rather than dismissal.
“I hereby strike out this case with a cost of N100,000
against the plaintiffs in favour of the first to eight and twelve to fourteen
defendants.” The APC lawmakers had challenged the removal of Omirin and his
deputy. The suit which was filed in December 2014, was seeking, among others,
an order restraining the factional Speaker of the House, Dele Olugbemi, and his
deputy, Olayinka Abeni, from either parading themselves as or executing duties
in the capacity of the leaders of the House.
But the lawmakers, through their counsel, Quakers (SAN), had
on April 9, filed a notice dated April 7 to discontinue the case. Though no
reason was given in the notice of discontinuance of the suit, the action
followed the argument by Fayose that Omirin and Orisalade lacked the locus
standi to commence any impeachment proceedings against him since they had been impeached
and were currently challenging their impeachment in court.
The defendants in the suit are Olugbemi, Samuel Ajibola,
Adeojo Alexander, Adeloye Adeyinka, Isreal Olowo Ajiboye, Fatunbi Olajide, and
Olayinka Abeni. Gov. Ayodele Fayose, the Department of State Security, (DSS),
the Inspector General of Police, Ekiti State Commissioner of Police, Mr Owoseni
Ajayi, Mr Kayode Oso, and Chief Toyin Ojo (nine to fourteen defendants
respectively).
Omirin and his deputy, Orisalade, were impeached by seven
PDP lawmakers on Nov. 20, 2014, on the floor of the House
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