Emefiele, through his counsel, S.T. Maliki, told Justice Ahmed Mohammed that a notice of discontinuance had been filed and served on the defendants in the matter.
A suit filed against the Independent National Electoral Commission (INEC) and the Attorney-General of the Federation by Godwin Emefiele, Governor of the Central Bank of Nigeria (CBN) over his presidential ambition has been withdrawn.
The suit was withdrawn on Monday, according to NAN.
Emefiele, through his counsel, S.T. Maliki, told Justice Ahmed Mohammed that a notice of discontinuance had been filed and served on the defendants in the matter.
The development occurred shortly after the matter was called.
Maliki, who held the brief of Chief Mike Ozekhome, SAN, said though the matter was scheduled for the mention, they had Emefiele’s instruction to withdraw the suit.
“Pursuant to the instruction of the plaintiff (Emefiele), we filed a notice of discontinuance dated and filed May 16, 2022.
“And the said notice of discontinuance was served on all the defendants on that said date of May 16, 2022, which proof of service is before your lordship,” Maliki said.
The lawyer said of all the defendants, only the 4th and 5th defendants filed a counter-affidavit in response to the plaintiff’s amended originating summons after the notice of withdrawal had been served on them.
He prayed the court to discontinue the suit and make an order striking it out, issues having not been joined by parties in the suits, citing Order 50 of the rules of this court.
Although the lawyer to the 4th defendant, John Aikpokpo-Martins, opposed Emefiele’s intention to withdraw the suit, he urged the court to dismiss the suit at the cost of N1.5 million.
However, counsel for the 2nd and 3rd defendants, Chris Nevo and T. J. Adi, respectively, did not object to the withdrawal notice.
For Nevo, he asked the court to award a N1 million cost against Emefiele.
In his ruling, Justice Mohammed held that Emefiele had the right to file the notice of withdrawal.
He said the notice of discontinuance was valid and accordingly struck out.
The News Agency of Nigeria (NAN) had, on May 9, reported that Emefiele, through his lawyer, Ozekhome, had approached the court.
He had approached the court with an ex-parte motion, seeking the court’s interpretation as to whether he could run for the 2023 presidential primary while he holds office as governor of CBN.