Suit Against Jonathan’s ‘3rd term’:Arrowhead Denies Out of Court Settlement



Counsel  to Professor Cyriacus Njoku  has denied reports that he has chosen to settle his   case against President Goodluck Jonathan  out of court.He added that the claim that the suit has been withdrawn is untrue. Njoku is the arrowhead of the suit challenging  Jonathan’s 3rd term plot which  would allow him stay in office beyond 2015.

Contrary to media report’s Njoku’s Counsel,  Barrister Osuagwu Ugochukwu  said in press release that  the suit has never been withdrawn. “I, on behalf of my client, PROF.Cyriacus Njoku wish to deny and debunk misleading reports by some Electronic and Print Media that My Client withdrew his Suit against President Goodluck Jonathan and Two others pending before Justice M. Oniyangi of FCT High Court in Maitama, Abuja”,ugochukwu said . “It is also erroneous to allege that My Client proposed an out of Court settlement. In Fact it was the other way round.

According to Njoku’s counsel, “What happened in Court was that prior to Court sitting Our Client was approached by some emissaries claiming to be PDP Top from Zuba Chapter proposing out of court settlement between Dr.Goodluck jonathan and My Client since both parties are Members of PDP and that they want to seek PDP internal settlement.

But Ugochukwu said , “My Client still went on with his case on Wednessday and in fact opposed the application of DR.GOODLUCK JONATHAN for extension of time to file his Memorandum of appearance, counter affidavit and Notice of preliminary objection with a counter affidavit and written address. However, Plaintiff Counsel cited Order 12 rule 1 of the FCT High Court Rules and the decision of the Supreme Court in MOBIL OIL PRODUCING NIGERIA LTD. v. LASEPA (2003) FWLR [pt. 137] 1029 urging the court to strike out the entire processes filed by the 1st defendant.

“The Court graciously agreed with my arguments and with the Counsel to 1st defendant failing to convince the Court with a better authority to save his Client, the Court struck out 1st Defendant’s Application.

“It was after this incident that the court then adjourned to may 30 to enable the plaintiff and the 1st defendant to look at the offer of settlement being kited by the said emissaries from PDP. And that parties shall return back to court to continue with the hearing on May 30.The Suit was NEVER WITHDRAWN. That is the fact of the matter as happened on April 18,2012.”

This controversy over whether or not the suit has been withdrawn is coming on the heels of the decision by a group of Concerned Northerners  led by Dr Junaid Mohammed and Prof  Auwalu Yadudu to join the suit against Jonathan’s tenure elongation plot.The group said in recent statement that it would use every available constitutional means to fight and defeat the president’s plot.

Read Ugochukwu’s statement below:

2015 SUIT: PROF.CYRIACUS NJOKU NEVER WITHDREW ANY SUIT NOR PROPOSED OUT OF COURT SETTLEMENT

I, on behalf of my client, PROF.Cyriacus Njoku wish to deny and debunk misleading reports by some Electronic and Print Media that My Client withdrew his Suit against President Goodluck Jonathan and Two others pending before Justice M. Oniyangi of FCT High Court in Maitama, Abuja.

It is also erroneous to allege that My Client proposed an out of Court settlement. In Fact it was the other way round.

What happened in Court was that prior to Court sitting Our Client was approached by some emissaries claiming to be PDP Top from Zuba Chapter proposing out of court settlement between Dr.Goodluck jonathan and My Client since both parties are Members of PDP and that they want to seek PDP internal settlement.

My Client still went on with his case on Wednessday and in fact opposed the application of DR.GOODLUCK JONATHAN for extension of time to file his Memorandum of appearance, counter affidavit and Notice of preliminary objection with a counter affidavit and written address. However, Plaintiff Counsel cited Order 12 rule 1 of the FCT High Court Rules and the decision of the Supreme Court in MOBIL OIL PRODUCING NIGERIA LTD. v. LASEPA (2003) FWLR [pt. 137] 1029 urging the court to strike out the entire processes filed by the 1st defendant.

The Court graciously agreed with my arguments and with the Counsel to 1st defendant failing to convince the Court with a better authority to save his Client, the Court struck out 1st Defendant’s Application.

It was after this incident that the court then adjourned to may 30 to enable the plaintiff and the 1st defendant to look at the offer of settlement being kited by the said emissaries from PDP. And that parties shall return back to court to continue with the hearing on May 30.The Suit was NEVER WITHDRAWN. That is the fact of the matter as happened on April 18,2012.

Signed

OSUAGWU Ugochukwu ESQ

Counsel to Prof Cyriacus Njoku

 

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