Judge dismisses suit challenging Onnoghen’s trial at CCT
According to the News Agency of Nigeria (NAN), a claimant, Peter Abang, who is also a lawyer, had instituted the suit challenging the jurisdiction of the CCT in prosecuting Onnoghen.
At the resumed sitting of the suit yesterday, slated for hearing of pending applications, counsel to the claimant, Mr. Kingsley Ewurum, informed the court that he had filed notice of discontinuance of the suit.
He said the application was seeking an order of the court to discontinue the matter, therefore urging the court to strike out the suit in regards to the circumstance that events had overtaken the matter.
Ewurum further said that proceeding with the matter would be mere academic exercise.
When counsel to the first defendant, Mr. Abdullahi Abubakar was asked if he had objection to the application, he, however, said he had no objection but urged the court to dismiss the suit as against the proposed striking out the suit.
He also urged the court to award substantial cost because they had filed their defence.
The claimant’s counsel further stated that the rules of the court allowed party at any time or stage of proceedings to discontinue with his case.
The judge, Justice Sanusi Kado, in his ruling, said: “In the case at hand, having regards to the processes filed so far, it is clear that the claimant has joined issues with the first defendant.”
Kado added that in line with Order 61, Rule 7 of the NICN proceeding of 2017, the parties had joined issues, adding: “In the circumstance, this suit is hereby dismissed. I make no order as to cost.”
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