The application was considered to lack merit in a ruling on February 21 by the sitting judge, Modupe Osho-Adebiyi.
The Federal Capital Territory (FCT) High Court, Abuja, has declined an application filed by former President Olusegun Obasanjo to relist an earlier struck-out N1billion defamation suit against Punch newspaper and a columnist.
The application was considered to lack merit in a ruling on February 21 by the sitting judge, Modupe Osho-Adebiyi.
A certified true copy of the decision which was obtained by SaharaReporters shortly after it was issued on Tuesday stated that there was nothing more to the case that was removed without the consent of Obasanjo.
The judge, Justice Modupe Osho-Adebiyi, said, “I see nothing before this Court of the said misrepresentation as there is nothing from the Claimant himself to show that he did not instruct the Counsel to file the said notice of discontinuance.
“As rightly submitted by the defendants' counsel there is nothing before this court to show that the notice of discontinuance was done without the consent of either the claimant or the principal in chambers.
“The law is that a client is bound by any decision taken by his counsel ni a case, having filed the said notice of discontinuance, it is bound to be the act of the claimant and this court having dismissed the same on the instruction of claimant's counsel will therefore not exercise its discretion in favour of the Applicant.
“This court is not a playground and lawyers should approach their cases with professionalism and respect for the judicial process.
“A party cannot be permitted to toy with the Court's procedures based on his mood, regardless of the obvious, clear, and unequivocal provisions of the law that he intended to apply. The party must drown or swim with what he has voluntarily activated.
“Consequently, this Court would decline to exercise its discretion to relist the Claimant's case and the same remains dismissed."
Recall that the judge had dismissed the N1billion defamation suit on 19 October 2023 after a lawyer in Obasanjo’s legal team voluntarily applied to withdraw it.
According to the court records, Adeyinka Olumide-Fusika, SAN, represented Punch newspaper while human rights lawyer, Femi Falana, SAN, represented Mr. Sonala Olumense in the suit.
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