Abuja
A lawyer，Mr. Nnamdi Nwokocha-Ahaaiwe, on Thursday withdrew his suit seeking an order of a Federal High Court in Abuja to declare President Muhammadu Buhari as not qualified to contest the last year’s presidential election which was won by him (Buhari).
The plaintiff had among other prayers asked the court to direct the Independent National Electoral Commission to withdraw the certificate of return issued to Buhari after winning the last year’s poll.
The plaintiff’s prayers were on the basis that the President did not possess the requisite Primary Six School Certificate or the West Africa School Certificate to run for the office.
But Justice Adeniyi Ademola struck out the case in a short ruling on Thursday following the plaintiff’s notice of discontinuance of the case.
The application was filed on June 27. Defence lawyer, Mr. Paul Ajiboye, who represented Buhari and his party, the All Progressives Congress, in court on Thursday, said he had no objection to the plaintiff’s notice of discontinuance. INEC which is the first defendant to the suit was not represented by any lawyer.
The plaintiff himself was also not present at the proceedings but he was represented by his lawyer, Mr. Chikodi Okeorji. While moving the application for discontinuance of the suit, Okeorji, said the motion was filed in line with provision of Order 50 Rule (2)(1) of the Federal High Court Civil Procedure Rules 2009.
He however did not disclose the reason for the discontinuance of the case.
“Following the notice of discontinuance filed by the plaintiff, pursuant to Order 50 Rule (2)(1) of the Federal High Court Civil Procedure Rules 2009, this suit is hereby struck out,” Justice Ademola ruled after listening to parties.
Meanwhile, while speaking with journalists after the proceedings, Okeorji said he could not tell his plaintiff’s reasons for deciding to withdraw to the suit.
“That question is best answered by the plaintiff himself. But there must an end to litigation,” the plaintiff’s lawyer said.
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