A Federal High Court in Abuja Monday struck out the suit seeking to restrain President Goodluck Jonathan from reinstating the suspended President of the Court of Appeal, Justice Isa Ayo Salami.
The supposed plaintiff, Wilfred Okoli, had in June told the court that he had no knowledge of the suit filed in his name.
Okoli then formally applied to the court to discontinue the suit.
In the notice of discontinuance filed last Friday, Okoli stated two grounds for seeking to discontinue the suit.
The defendants are the National Judicial Council (NJC), Salami, the Attorney General of the Federation and Jonathan.
Okoli stated that: “I neither gave consent, nor authorised that the suit be instituted in the first instance. I did not brief anybody whatsoever to commence the suit on my behalf”.
“I do not have any cause of action against any of the defendants”, he added.
An Abuja-based lawyer, Amobi Nzelu had filed the suit on behalf of Okoli, asking the court to stop Jonathan from acting on the recommendation sent to him by the NJC.
Okoli, who was said to be a counsel in Amobi’s chamber in June, said he was not aware of this suit filed in his name, when the matter came up in court and parties in the matter were to enter appearances.
“My lord, I am not aware of this suit, my consent was never sought before it was brought before you. I have no knowledge of it,” he said.
Justice Abdul Kafarati however asked Amobi and Okoli to go and put their houses in order before 22nd September, the next adjourned date.
The court also asked Amobi to ensure the 2nd defendant; Salami was served and renders report of service the court on the next adjourned day, September 22.
However, Okoli formally applied to court to discontinue further hearing on the suit on September 22.
In the notice of discontinuance dated June 22, Mr Okoli relied on two grounds to urge the court to hands off the matter
According to him, “I neither gave consent nor authorised that the suit be instituted in the first instance. I did not brief anybody whatsoever to commence the suit on my behalf. I do not have any cause of action against any of the defendants.”
Justice Kafarati struck out the suit on the grounds that the supposed plaintiff had applied for discontinuance of the matter filed in his name, saying Amobi no longer can argue it before him.