Court Strikes Out Innoson Suit Filed Against EFCC, Others
A Federal High Court in Lagos on Friday struck out a fundamental rights enforcement suit filed by Innoson Nigeria Limited and its Chief Executive Officer/Managing Director, Innocent Chukwuma against the Economic and Financial Crimes Commission (EFCC) and five other respondents.
The presiding judge, Justice Hadizat Rabiu-Shagari struck out the suit after it was withdrawn by the applicants.
In the Ex-parte application filed before the court, the business man had dragged the Attorney-General of the Federation (AGF), Inspector-General of Police (IGP) Nigeria Police Force, and Guaranty Trust Bank (GTB) before the court seeking the enforcement of their rights.
The suit had earlier came up for mention on Thursday but it was adjourned till Friday, because of the controversy generated by the appearance of one of the respondents.
During yesterday’s proceedings, the lawyer to GTB, Adebowale Kamoru, while citing several Supreme Court authorities insisted that GTB must be heard in the Ex-parte application.
The lawyer submission was strongly opposed by the lawyer to innoson Nigeria Limited and Mr. Innocent Chukwuma.
The presiding judge, Justice Hadizat Rabiu-Shagari, had to adjourn the suit till Friday, as both parties were unable to reach a concession on the matter.
At the resumed hearing of the application on Friday, Innoson’s lawyer, Professor MacCharty Mbaduagha, told the court of his clients’ intention to withdraw the suit, due to the filing of a counter by the sixth respondent, Guaranty Trust Bank.
Innoson lawyer says, “Giving the development as at yesterday, we filed a motion Ex-parte on 20 December, 2017, we did not serve the processes on any of the respondents.
“Yesterday, the sixth respondent was represented on Ex-parte application, counsel made submission and informed the courtyard that the sixth defendant had indeed filed a counter to the Ex-parte application.
“We brought this to the notice of our client and he instructed us to withdraw it, and find out why due process is not followed in the circumstance.
“We duly and humbly apply to withdraw the suit”.
In response, GTB lawyer, Adebowale Kamoru, said they are not opposing the withdrawal of the suit.
He, however, stated that they will await the applicants’ investigation how his clients got to know about the suit.
Ruling on the application, Justice Rabiu-Shagari, granted to Innoson request.
“In view of the application of the applicants’ counsel, the application is hereby strike out.
