Ekiti State governor, Ayodele Fayose yesterday withdrew the suit he filed at a Federal High Court in Abuja to stop the moves by the 19 members of the All Progressives Congress, APC, in the state House of Assembly to remove him from office.
The trial judge, Justice Ahmed Mohammed discountenanced a feeble opposition by the defendants’ lawyer, Mr. Terence Vembe, who said he had not been served with the application to discontinue with the suit.
He insisted that by virtue of Order 50 Rule (2)(1) of the Federal High Court Civil Procedure Rules, a plaintiff could only withdraw a suit after serving defendants with the notice of discontinuance.
However, the plaintiffs’ lawyer, Mr Adeola Adedipe in response urged the court to disregard Vembe’s submission as the provisions of the rules cited were only applicable to situations when the defendants had filed their defence in the suit.
The court upheld Adedipe’s argument stating that Omirin and other defendants in the suit, having not filed any defence, the plaintiffs were not entitled to serve the defendants with the notice of discontinuance.
Fayose and other plaintiffs had filed the suit to set aside the impeachment notice served on him and the entire steps taken by the APC lawmakers with regard to the moves to remove him from office.
Justice Mohammed had on April 16, 2015, adjourned the suit to yesterday to enable the embattled speaker of the state House of Assembly, Omirin, to show cause why the application for an interim injunction halting the impeachment process should not be granted.
The plaintiffs in the suit are Dele Olugbemi (the Peoples Democratic Party factional speaker); Ekiti State House of Assembly, Fayose and Kolapo Olusola.
Apart from Omirin, other defendants in the suit are the Inspector General of Police, the Independent National Electoral Commission, and the Chief Judge of Ekiti State, Justice Ayodeji Daramola.

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