A Federal High Court sitting in Abuja on Thursday struck out the suit challenging the nomination of Hon. Ifeanyi Ugwuanyi as the Peoples Democratic Party, PDP, governorship candidate in Enugu State.
This followed the unconditional withdrawal of the case by the Plaintiff and former aspirant for the Enugu State PDP governorship ticket, Dr. Samuel Maduka Onyishi.
Dr. Sam Onyishi had in a suit numbered FHC/ABJ/CS/1003/2014 prayed the Court to nullify the December 8, 2014 PDP governorship primary in Enugu State, citing alleged irregularities, especially pertaining the list of ad hoc delegates.
However, when the matter came up again on Thursday, his counsel, Chief Chris Uche (SAN), told the Court that they were discontinuing the matter, having filed a Notice of Discontinuation to that effect pursuant to Order 50, Rule 2 (1) of the Federal High Court (Civil Procedure Rules), 2009.
The Notice dated March 24, 2014 and signed by the Senior Advocate simply reads: “Take Notice that the Plaintiff herein intends and doth hereby discontinues wholly his suit against the Defendants”.
However, Counsel to the PDP, Onyechi Ikpeazu (SAN), who was represented by Obinna Onya, asked the court to dismiss the case instead.
Supporting the PDP position also, Ifeanyi Ugwuanyi, through his Counsel, P.I.N Ikwueto (SAN), asked the Court to dismiss the suit, citing Order 50 of the Federal High Court Rule.
But, Dr. Onyishi’s Counsel, Chief Uche, argued that there was no need for dismissal of the case since his client had formally and unconditionally discontinued it.
Ruling on the matter, the Court presided over by Justice Evoh Chukwu struck out the suit, but on the condition that the Plaintiff would have to seek the leave of the Court before he could file a fresh case on the matter.
It would be recalled that the same Court had on March 2, 2015 dismissed in its entirety a similar suit by another former governorship aspirant, Senator Ayogu Eze, praying the court to recognise his parallel primary and declare him the validly elected candidate.
Meanwhile, the transport magnet and business mogul has called on his supporters to vote for Hon. Ifeanyi Ugwuanyi and President Goodluck Jonathan in the forthcoming general elections.
He observed that Enugu State PDP needed to go into the general elections as united family to be able to deliver 100 percent of the votes to the PDP for all the elective positions.
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