• Imposes N500, 000 Fine Each On Mark, Aregbesola
Justice Peter Odo Lifu of the Federal High Court has dismissed the objections by the National Chairman of the African Democratic Congress (ADC), Senator David Mark, to the bid by a chieftain of the party, Nafiu Bala Gombe, to amend his claims in the leadership suit filed against ADC and others.
In a ruling on Friday, the judge held that the objections by Mark and the National Secretary of the party, Rauf Aregbesola, to originating summons amendment by Gombe were frivolous, baseless and without iota of merit.
Justice Lifu said that the sought amendment, which was to give life to the case of the plaintiff, was a normal attempt in a civil litigation to ensure that miscarriage of justice is prevented.
Besides, he held that the sought amendment was occasioned by a change of counsel, adding that the apprehension exhibited by Mark was unnecessary and uncalled for.
Justice Lifu said that the ADC national chairman and other defendants in the matter are at liberty to file counter affidavit against the amended originating summons to indicate consequential amendment to the earlier one.
He said that after perusing the whole objections of the defendants, he was unable to see where they would be overwhelmed, overreached or jeopardised if the amendment was granted.
Lifu consequently dismissed the objections and allowed the amendment by the plaintiff. He imposed a fine of N500, 000 on Mark and Aregbesola to be paid to Gombe.
Mark and Aregbesola had kicked against the fresh attempt by Gombe to amend claims in the leadership suit filed against them.
They had urged the court not to allow the amendments to the allegations against them on the ground that doing so would lead to a miscarriage of justice.
Gombe, a former Deputy National Chairman of the ADC, had through his counsel, Lukman Fagbemi (SAN), moved an application seeking amendments to the originating summons he filed against the ADC, Mark, Aregbesola and others, challenging the emergence of the defendants as new national officers of the party.
Gombe insisted that he had the right under the law to make any amendments necessary to ensure justice in his suit.
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