A 48-year-old businessman, Mr Philip Undie, on Tuesday withdrew a suit he filed challenging the nomination of Mr Femi Gbajabiamila, a member of the House of Representative vying for the position of Speaker of the House of Representatives in the incoming 9th National Assembly.
The plaintiff is challenging the eligibility of Gbajabiamila to contest for the speakership of the house on the grounds that he has a criminal allegation in the state of Georgia, U.S.
News Agency of Nigeria (NAN) reports that Gbajabiamila is one of the leading candidates vying for speakership position.
Other respondents/defendants in the suit are: the House of Representatives, the Attorney General of the Federation and the All Progressives Congress (APC).
In the suit with No. FHC/ABJ/CS/539/2019 filed at the Federal High Court, Abuja, which is yet to be assigned to a Judge, Undie accused Gbajabiamila of being convicted in the state of Georgia, on Feb. 26, 2007, over criminal allegations.
The plaintiff in a letter: “Authorisation to file my withdrawal from suit No. FHC/ABJ/CS/539/2019″ and made available to newsmen on Tuesday in Abuja, said that he withdrew the suit, following the emergence of more facts that the defendant has no more criminal records in the U. S.
The plaintiff said in the latter dated May 27, 2019 which was signed by him:” it is necessary to discontinue the suit based on the facts available that Gbajabiamila has been cleared of criminal allegations in the state of Georgia and other parts of the U.S.
According to the plaintiff, a letter from the U.S. dated Aug. 30, 2010 indicated that Gbajabiamila has been cleared of every criminal allegations.
The plaintiff said that he was also in possession of an order by Justice Abdul-Kafarati of the Federal High Court on May 22, 2018 which was also in favour of Gbajabiamila.
Apart from letter of withdrawal, the plaintiff in another statement he signed said that the suit was filed in his innocent belief that Gbajabiamila ought not to be allowed to contest for speaker based on the information at his disposal.
“The suit was filed in my innocent belief that the first defendant, Rep. Femi Gbajabiamila ought not to be allowed to contest for the position of the Speaker of the House of Representatives based on information then at my disposal that he had been criminally convicted by the Supreme Court of the State of Georgia.
”Since the matter was filed at the Federal High Court, I have come into possession of more facts on the alleged criminal conviction which show beyond all doubt that the basis of the suit is found on misinformation and misrepresentation of facts.
”One of the documents I now have is a letter dated as far back as Aug. 30, 2010 issued by the State Bar of Georgia, the body involved in this matter and which regulate legal practice in Georga, indicating that Gbajabiamila has no record of criminal conviction in the State of Georgia or any part of America.
In fact, the letter states categorically that Femi Gbajabiamila ”is currently an active member in good standing of the State Bar of Georgia.
”In addition, I am also in possession of a copy of decision of Federal High Court, Abuja in suit FHC/ABJ/CS/501/2015 decided by Justice Abdul-Kafarati. in favour of Gbajabiamila on May 22, 2018 as the plaintiff in that case was unable to diligently prosecute the case.
”The suit in reference was based on the same facts as the one in which I am now the plaintiff.
“In view of the above therefore, I which to honourably announce my decision to immediately discontinue and terminate the suit I initiated at the Federal High Court, Abuja against Gbajabiamila and other respondents.