A Federal High Court in Port Harcourt has dismissed a suit filed by the African Democratic Congress, ADC, aspirant for Khana State Constituency I in the Rivers State House of Assembly, Legborsi Nwiabu, challenging the emergence of Bright Nulee as the party’s candidate for the constituency.
Presiding judge, Justice Muhammed Turaki, dismissed the suit after counsel to the plaintiff, Felix Beragbara, informed the court of his client’s decision to discontinue the case against the ADC, Nulee and the Independent National Electoral Commission, INEC.
When the matter came up on Wednesday, Beragbara orally applied to withdraw the suit on behalf of his client, following an intervention by the ADC’s Peace and Reconciliation Committee in Rivers State, headed by Emma Chindah.
The application was not opposed by counsel to the defendants, except counsel to INEC, who requested costs.
According to the plaintiff’s counsel, Nwiabu also acknowledged the interventions of the party’s Board of Trustees Chairman, Raph Nwosu, and its governorship candidate, Gabriel Pidomson.
In his ruling, Justice Turaki granted the plaintiff’s application and dismissed the suit, awarding N50,000 in costs in favour of INEC.
Speaking to journalists after the proceedings, Beragbara said, “We accepted to go and explore the option of settlement of this matter out of court. So, through out this period, the parties have been discussing, they’ve been talking with our client.
“And our client being a very good party man, who desires the success of his party and who elevates the interest of his party beyond or above his own personal interest, chose to ditch his own personal interest, in favour of the collective interest of the entire party, to ensure that the party stands strong and is able to present a candidate in the forthcoming election.
“That’s what motivated him, after he was approached by leading members of the party to step down his suit and to sheath his sword.”
Meanwhile, counsel to the ADC, as well as lawyers representing the party’s candidate for Khana State Constituency I and INEC, declined to comment on the court proceedings.
Court dismisses ADC aspirant’s suit challenging party candidate