The suit challenging the eligibility of Femi Gbajabiamila to contest as the 9th speaker of the House of Representatives was dismissed Tuesday by a division of the Federal High Court in Abuja.
Justice Inyang Ekwo who dismissed the suit hinged his decision on the plaintiff, Philip Undie’s resolve to discontinue the case.
Undie, who filed the legal action on May 21, 2019, asked the court to remove Gbajabiamila as a member of the House of Representatives and disqualify him from contesting the leadership election of the House of Representatives.
In the suit, the plaintiff had alleged that Gbajabiamila, as a practising lawyer in the State of Georgia in the US, “was convicted and sentenced for fraud and dishonesty in relation to the sum of $25,000” belonging to a then client of the lawmaker.
But at the resumed hearing on Monday, the plaintiff’s lawyer, S. Okoro, appeared and adopted a notice of discontinuance of the suit earlier filed.
Gbajabiamila’s lawyer, Femi Adedeji, did not object to the application for the discontinuance of the case.
Adedeji however prayed that his client, having joined issues with the plaintiff by filing a counter-affidavit against the originating summons and a preliminary object, the suit should not be struck out, but should be dismissed so that it would not be re-filed in the future.
He also prayed for a cost of N1m to be awarded against the plaintiff.
In his ruling, Justice Ekwo dismissed the suit as prayed by Gbajabiamila’s lawyer, but refused to award cost against the plaintiff.
