Monday, 17 November 2014

Court strikes out Tambuwal's suit over withdrawal of security details

THE Federal High Court, Abuja Division Monday struck out a suit instituted by the Speaker of the House of Representatives, Aminu Tambuwal, challenging the constitutionality of the withdrawal of his security details by the ‎Inspector-General of Police.
‎Named as co-defendants in the said suit are the Attorney General of the Federation (AGF) and the IGP.
Meanwhile, the same court also fixed November 27, 2014 for hearing of the motion for joinder and amended originating summons filed by Tambuwal in another suit.
In striking out the suit filed by Tambuwal over the withdrawal of his security aides, the court was minded by the oral application seeking to withdraw or discontinue the action moved by the speaker's counsel, Dr. Tunji Abayomi.
When the matter was called Monday for mention, Dr. Abayomi told the court he had the instruction of his client to withdraw the action.‎
Counsel to defendants in the suit, Ade Okeaya-Inneh (SAN) did not oppose the application but prayed the court for an order of dismissal on ground that they have filed a response to the application.
He further prayed the court to make an order as to cost.
But Abayomi objected to the defendants's caveat, saying he was not entitled to any cost benefit since he had not joined issue with him yet and the matter was slated merely for mention.
Delivering a short ruling, the trial Judge, Justice Ahmed Mohammed held that the defendants have only responded to the interlocutory application and not the substantive one.
He further held that the implication was that the defendants have not yet joined issue with the plaintiff.
Accordingly, he struck out the suit with no order as to cost

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