Ladipo Sanusi/
Innoson Motors boss, Mr. Innocent Chukwuma, has withdrawn a fundamental rights enforcement suit he filed against the Economic and Financial Crimes Commission, Guarantee Trust Bank and four other respondents.
Other respondents in the Ex-parte application suit marked FHC/L/CS/1962/17, filed on behalf of Innoson Nigeria Limited and its Chief Executive Officer/Managing Director, Chikwuma, include the Federal Republic of Nigeria, Attorney-General of the Federation (AGF) and the Inspector-General of Police (IGP) Nigeria Police Force.
The matter was adjourned from yestarday till today, due to the controversy over the unexplained appearance of counsel to GTB in court.
Ordinarily an Ex-parte application is not served on respondents and are therefore not expected to be represented during hearing.
When the matter was called on Thursday, lawyer to GTB, Mr. Adebowale Kamoru, while quoting several Supreme Court’s authorities, had insisted that his client must be heard in the Ex-parte application.
His submission was however opposed by the lawyer to Innoson Nigeria Limited and Mr. Innocent Chukwuma, Professor MacCharty Mbaduagha.
Justice Hadizat Rabiu-Shagari consequently adjourned the matter till today, as both parties were unble to reach an agreement.
At the resumed hearing of the application today, Innoson’s lawyer told the court of his clients’ intention to withdraw the suit, due to the filing of a counter by the sixth respondent, GTB.
Mbaduagha stated: “Given the development as at yesterday, vis-a-vis we filed a motion Ex-parte on 20 December, 2017 and we did not serve the processes on any of the respondents.
“Yesterday, the sixth respondent was represented in Ex-parte application, counsel made submission but did inform the court that his client had indeed filed a counter to the Ex-parte application.
“We brought this to the knowledge of our client and he instructed us to withdraw the application and find out why due process was not followed in the circumstance.
“We duly and humbly apply to withdraw the suit.”
In his response, GTB’s lawyer said he was not opposing the withdrawal of the suit.
He however said that they would await the outcome of the applicants’ investigation of how GTB got to know about the suit.
Ruling on the application, Justice Rabiu-Shagari granted Innoson’s request.
“In view of the application of the applicants’ counsel, the application is hereby granted,” the judge pronounced.
0