Federal High Court sitting in Abuja in Abuja presided over by Hon. Justice Kolawole has allowed the withdrawal of the case brought against the President of the Senate, Speaker of the House of Representatives and the Executive Council of Federation represented by the Attorney General of Federation over President YarAdua’s BBC broadcast in which he acknowledged his health situation.
The Plaintiff, Kayode Ajulo, an Abuja based constitutional lawyer in the suit filed 16th January contended that by the said interview transmitted by BBC and published by Nigeria prints media, President Yaradua has activated the provision of Section 145 of the Nigeria Constitution and urged the Defendants i.e. the President of the Senate, the Speaker of the House of Representatives and Attorney General to regard the Vice-President as Acting President pending when the President will transmit another written declaration to revert the position.
When the hearing of the suit came for hearing today before Hon. Justice Kolawole, the Plaintiff represented by his lawyer, Godspower Abambah a counsel from Kayode Ajulo & Co. made a short application where he informed the court that he has been directed by his principal to withdraw the suit because the Defendant have done what the suit intend to achieve as such events have overtaken the suit.
Justice Kolawole in granting the application of the plaintiff, praise the plaintiff for his believe in the judiciary saying that the plaintiff’s instant action is worthy of emulation.
With the withdrawal of this suit the only suit by the Plaintiff before the court is the one filed against the wife of the President, Hajia Turai YarAdua, his media assistant, Olusegun Adeniyi and the President’s security aides, the ADC, CSO, Commander of Brigade of Guards as well as representatives of the Nigerian mass media wherein the Plaintiff, Kayode Ajulo is urging the court to compel the President’s wife and aides to grant access to the Nigerian Media see the President.
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