The plaintiff in the suit filed against the eligibility of Femi Gbajabiamila, to contest for the position of the Speaker of the House of Representatives in the 9th National Assembly has withdrawn the suit.
The plaintiff, Philip Undie, in a letter titled, “Authorization To File My Withdrawal From Suit Number: FHC/ABJ/CS/539/2019”, said he honourably discontinue the suit following the emergence of more facts indicating that the first defendant in the suit he filed, Honourable Femi Gbajabiamila, has no criminal record in the United States.
Mr Undie in the letters dated May 27, which he personally signed, said “It is important I honourably discontinue the suit following the emergence of more facts indicating that the first defendant in the suit, Honourable Femi Gbajabiamila, was cleared of no criminal conviction in the state of Georgia or any other part of the United States of America in a letter dated August 30, 2010. I am also in possession of an order of the Federal High Court, Abuja dated May 22, 2018, delivered by Justice Abdu-Kafarati in favour of Femi Gbajabiamila”.
The plaintiff had in a suit he filed before the Federal High Court in Abuja, challenged the eligibility of Mr Gbajabiamila to contest for the Speaker of the House of Representatives in the 9th NASS.
Mr Gbajabiamila is one of the leading candidates for that position since the results of the last general elections were released.
In the suit, other defendants apart from Mr Gbajabiamila are the House of Representatives, Attorney General of the Federation and the All progressives Congress, APC.
In the suit, Mr Undie accused him of being convicted in the state of Georgia in the USA on February 26th, 2007.
Apart from the letter of withdrawal, the plaintiff, also, in a press statement he personally signed said the suit was filed in his innocent belief that Mr Gbajabiamila ought not to be allowed to contest for the position of speaker based on the initial information at his disposal.
Mr Undie in the statement said, “the suit was filed in my innocent belief that the first defendant, Honourable 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, United States of America.
“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 August 30th, 2010 issued by the State Bar of Georgia, the body involved in this matter and which regulate legal practice in Georgia, United States of America, indicating that the first defendant, Femi Gbajabiamila has no record of criminal conviction in the State of Georgia or any part of America. In fact, the letter state s 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 Adamu Abdu-Kafarati in favour of Gbajabiamila on May 22,2018 as the plaintiff in that case was un able 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 Hon. Femi Gbajabiamila (1st Defendant); House of Representatives (2nd Defendant); Attorney-General of the Federation (3rd Defendant); All Progressives Congress (4th Defendant).”