Jonathan’s eligibility suit struck out

Federal High Court sitting in Abuja has struck out a suit, challenging the eligibility of the presidential candidate of the People Democratic Party (PDP), Dr. Goodluck Jonathan to re-contest in the March 28 rescheduled Presidential election.

This was sequel to the notice of discontinuance filed by the plaintiffs.

‎The plaintiffs, Professor Tunde Samuel, Dr Junaid Mohammed, Mr. Razak Adeosun and Yahaya Ezeemoo Ndu had last week through their counsel, Yusuf Ali (SAN), approached the court, seeking to restrain President Jonathan from contesting the office of the President of Nigeria in the general elections.

The court at the last adjourned date had fixed yesterday for accelerated hearing of the matter. But the matter took a different dimension at the resumed hearing when counsel to the plaintiffs, Alex Akoja moved an application for the discontinuance of the suit.

Counsel to the defendant, Ade Okeaya-Inneh (SAN) did not oppose the application for discontinuance. In a short ruling, the trial judge, Justice A.R Mohammed held that in law, cost follows action.

“The plaintiffs in this matter have filed an application to discontinue. The party who took out process against another and eventually withdraw it must be ready for some sanction.

“I hereby award the sum of N50,000 against the plaintiffs. The suit is hereby struck out,” the court held.

With the striking out of one of the suits, there are about three other suits still pending, challenging the eligibility of Jonathan.

Though the plaintiffs did not give any reason for withdrawing the suit before the Federal High Court, it was however gathered that the withdrawal was to enable the plaintiffs file a fresh suit before an Abuja High Court.

According to a source familiar with the case, “the plaintiffs withdrew the suit to avoid an abuse of court process as a fresh suit is to be filed at the Abuja High Court.‎”