Law News
Fayose, others withdraw anti-impeachment suit

The Ekiti State Governor, Mr. Ayodele Fayose, has withdrawn the suit he filed before a Federal High Court in Abuja to stop the moves by the 19 All Progressives Congress lawmakers in the state House of Assembly to remove him from office.

Meanwhile, a similar suit filed by his seven supporters, who are members of the Peoples Democratic Party in the state House of Assembly, is still pending before Justice Evoh Chukwu of the same Federal High Court in Abuja.

Justice Chukwu, who had on April 23, refused to grant an ex parte application for an interim injunction restraining the 19 lawmakers from going ahead with the impeachment process, had slated May 4 for hearing in the said suit.

Justice Mohammed on Wednesday struck out the suit filed by Fayose and three others after their counsel, Mr. Adeola Adedipe, informed the court that he had filed a notice of discontinuance of the suit on behalf of his clients.

The plaintiffs in the suit are Dele Olugbemi (the Peoples Democratic Party factional speaker); the 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.

Both the Inspector-General of Police and the Chief Judge of Ekiti State did not send lawyers to represent them in court during the pendency of the suit.

Justice Mohammed had on April 16, 2015, adjourned till Wednesday to enable the embattled Speaker of the Ekiti House of Assembly, Omirin, to show cause why the application for an interim injunction halting the impeachment process should not be granted.

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.

But in a dramatic twist, the plaintiffs’ counsel, Adedipe, appeared in court on Wednesday to apply for the discontinuation of the case.

Adedipe told Justice Mohammed, “On behalf of the plaintiffs, we want to inform the noble court that pursuant to Order 2 Rule 2(1) of the rules of this court, we filed a notice of discontinuance on April 24, 2015 and we urge the court to strike out this suit in its entirety.”

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