The attorney for the 27 Rivers State lawmakers, Emmanuel Anene, has reportedly told Channels TV that Governor Siminalayi Fubara has withdrawn all of his applications in the lawsuit against the group headed by Martins Amaewhule. Anene drew attention to the fact that the Federal High Court, which was presided over by Justice James Omotosho, acknowledged the withdrawal in its ruling but did not provide an explanation.CONTINUE FULL READING>>>>>
He emphasized a crucial legal principle, stating that any directive from the president regarding the withdrawal of cases would only apply to the plaintiffs, not the defendants. Anene explained that defendants cannot unilaterally withdraw a case that was not initiated by them.
This distinction is vital in assessing the limitations of the governor’s actions as a defendant in this particular case. He firmly asserted that if the original plaintiffs—the Rivers State House of Assembly and Martins Amaewhule—choose not to withdraw their case, the defendants lack the legal authority to enforce such a withdrawal.
In an interview with Channels TV, Anene clarified, “In that Justice Omotosho’s case, the governor is not the plaintiff in that matter. The people who are the plaintiffs in that matter are the Rivers State House of Assembly and Martins Amaewhule, the second plaintiff. And the governor appeared as the 11th defendant; then the Attorney General was also there. Now, Edison Ehie was the 17th defendant in that suit.”
He reiterated that the governor’s withdrawal of all applications was noted by Justice Omotosho, who remarked that the 11th defendant had indeed withdrawn all his applications and filings in the case. However, he stressed, “There was no reason given by it, and I’m not here to give any reasons.
If the president said withdraw all your cases, now the president is directing you as a plaintiff, not you as a defendant, because you are not the person that instituted the matter. If the person that instituted the matter has refused to withdraw the matter, you as a defendant don’t have a right to withdraw the matter.”CONTINUE FULL READING>>>>>
