The Chairman of the faction, Sen. Ali-Modu Sherrif and 17 others brought the action against PDP and seven others over the National Convention of the party on May 21.
The convention dissolved the National Executive Council, National Working Committee and set up a seven-man caretaker committee.
The judge, Justice Husseni Baba-Yusuf, struck out Metuh’’s name following the application of Mr Henry Leonard, Counsel to Metuh and two others from the suit.
Leonard said he had just being briefed by his client.
“I have a problem in this matter, I am just being briefed by Metuh last night, he told me categorically that he was never put on notice on this matter that he has been joined to appear in.
“My client has been sick and has not participated in any political activities.
“The 4th applicant equally told me that he was not aware of the suit.”
Leonard urged the court to give him time to study the process to be able to determine whether they could go on with the matter or discontinue.
He later aligned with the order of the Judge that they should be struck out of the matter.
Baba-Yusuf equally heard the motions filed by Mr Ken Njemanze (SAN), Counsel to the 3rd, 4th, 6th, 7th, 8th, 10th and 11th applicants . The court granted Njemanze’s request to use his current stamp and seal on the motion instead of the old one.
Consequently, Mr Emmanuel Ukala, (SAN) Counsel to the 1st, 3rd, 4th, 5th, and the 6th plaintiffs and Mr Yunus Usman (SAN), Counsel to the 2nd, 7th and 8th applicants asked the court to strike out the suit and let a new suit be filed.
They said their reasons were that the plaintiffs claim of a misjoinder was not correct and should not be single handedly struck out of the suit.
“ It is assumed that the suit was instituted by their authority.
“It is not a mere case of misjoinder, all the people joined in the matter are people who are interested in the subject matter of the case,’’ Ukala said.
Usman associated himself with the submissions of Ukala
Mr Alex Izinyon (SAN), Counsel to Sherrif, had earlier told the court that the umbrella (PDP) had a problem, and urged the court to strike out the plaintiffs.
Izinyon urged the court to strike out the names of the plaintiffs hence they claimed they had been improperly included in the suit.
“ The claim was not brought jointly and severally, so the striking out will not affect another plaintiff to sustain the course of action in this matter.
No comments:
Post a Comment