A Federal High Court sitting in Port Harcourt has dismissed a suit filed by Legborsi Nwiabu, an aspirant of the African Democratic Congress (ADC) for Khana Constituency I in the Rivers State House of Assembly.
The suit was discontinued by Nwiabu following interventions by the party leadership and its reconciliation committee aimed at resolving issues arising from the party’s primaries.
Presiding over the matter, Justice Muhammed Turaki dismissed the suit after counsel to the plaintiff, Felix Beragbara, orally applied to withdraw the case.
The suit was filed against the ADC, the party’s candidate for Khana Constituency I, Bright Nulee, and the Independent National Electoral Commission (INEC).
Beragbara told the court that his client had decided to discontinue the case following interventions by the party’s Board of Trustees Chairman, Chief Ralph Nwosu; the party’s governorship candidate, Gabriel Pidomson; and the Chairman of the ADC Reconciliation Committee, Emma Chindah.
According to the counsel, Nwiabu had acknowledged the efforts of the party leaders and opted to withdraw the suit in the overall interest of the party.
The application was not opposed by counsel to the defendants, although counsel to INEC requested that costs be awarded.
Justice Turaki, one of the vacation judges of the court, subsequently granted the application and dismissed the suit. The court also awarded N50,000 in costs in favour of INEC.
The development followed an earlier court proceeding in which counsel to the ADC, Emenike Ebete, informed the court that the party had constituted a committee to resolve disputes arising from its primaries.
Ebete had then asked the court for permission to allow the parties to pursue an out-of-court settlement, a request that was granted.
Speaking with journalists outside the courtroom after the ruling, Beragbara said his client’s decision was driven by his commitment to the party and his desire to prioritise its overall interest over his personal interest.
He said Nwiabu chose to withdraw the suit after discussions with the party leadership and the intervention of key stakeholders.
Counsel to the ADC, counsel to the second respondent, Bright Nulee, and counsel to INEC declined to comment on the proceedings.