A Federal High Court sitting in Abuja on Monday struck out the suit challenging the constitutionality of the withdrawal of the witdrawal of
security aides of the Speaker of the House of Representatives, Aminu Tambuwal by the Inspector General of Police.
The Speaker had through his counsel, Dr. Tunji Abayomi, challenged the withdrawal. But, before Monday’ sitting, withdrew the suit filed against the Attorney General of the Federation and Minister of Justice and Inspector General of Police IGP.
Counsel to defendants, (AGF and IGP) Ade Okeaya-Inne SAN did not oppose the application.
Mr. Okeaya-Inne however, prayed the court for an order of dismissal on ground that they have filed a response to the application and to make an order as to cost.
Justice Mohammed in his ruling held that the defendants have only responded to the interlocutory application and not the substantive one.
Furthermore, the Judge held that the implication was that the defendants have not yet joined issue with the plaintiff.
On that ground, Justice Mohammed struck out the suit with no order as to cost.
The second suit filed by Tambuwal, is seeking the court to stop the House of Representatives from removing him as the Speaker.
In the application to amend the originating summons, Lateef Fagbemi, SAN, lead Counsel to Tambuwal, is praying the court to determine whether the Attorney General and the Inspector General of Police have powers to interpret the constitution to the effect of withdrawing his aides.
Fagbemi is leading other seven SANs and 65 lawyers to argue the case. The court has fixed November 27for the hearing.