The Founder of IBD Hotels, Ibrahim Dende, has requested the High Court of the Federal Capital Territory, Abuja, to allow the withdrawal of his N500m defamation lawsuit against investigative journalist, Fisayo Soyombo and the Foundation for Investigative Journalism.
The letter, addressed to the registrar and parties in the case, dated September 30, 2024, and titled ‘Notice of Discontinuance,’ also conveyed Dende’s apologies for any inconvenience.
The letter was delivered to the parties days before the court’s scheduled date for the definitive trial of the suit.
In response to the discontinuance notice, counsel for the FIJ, Slingstone LP, filed a motion challenging the discontinuance by way of a letter, because the defence had already been filed and Dende now required leave of court to withdraw the suit because issues had been joined by parties.
They are asking the court to dismiss the suit in its entirety with substantial cost to prevent Dende from re-filing the same suit subsequently because it would amount to forum shopping.
“By virtue of Order 24 Rule 1(3) of the High Court of Federal Capital Territory, Abuja (Civil Procedure) Rules 2018, leave of this Honourable Court is expressly required for the discontinuance or withdrawal of this suit where, as in this case, defence has been filed against the claim,” Slingstone LP argued.
“The claimant’s letter dated September 30, 2024, addressed to the Registrar, Court 18 and titled ‘Notice of Discontinuance in the Matter of Alhaji Ibrahim Dende Egungbohun v. Fisayo Soyombo & 2 others with Suit Number CV/2286/2024’ and purporting to discontinue the suit is incompetent and falls short of the requirement for an application for leave under Order 24 Rule 1(3) of the High Court of Federal Capital Territory Abuja (Civil Procedure) Rules 2018.
“The Notice of Discontinuance dated September 30, 2024, is irregular and constitutes an abuse of judicial process.
“The 1st and 2nd defendants have incurred substantial costs in defending this frivolous and legally unsustainable action, which the claimant has filed with the ulterior motive of securing an injunction to prevent the continuing publication of press reports exposing his involvement in unlawful importation through Nigerian land borders, as well as his overt association with public office holders despite his notorious involvement in smuggling,” the counsel added.
When the matter came up for hearing on Tuesday before Justice Binta Mohammed, Vembe Terence, who held the brief of Slingstone LP on behalf of Soyombo and FIJ, notified the court that the first and second defendants (that is Soyombo and FIJ) filed a motion on notice dated October 11, 2024, praying the court for an order dismissing the claimant’s purported Notice of Discontinuance as an abuse of judicial process.
In the application, the first and second defendants argued that the rules of the court mandated the claimant to obtain leave of court to withdraw and discontinue a suit where a defence had been filed against the claim.
They contested that the claimant could not unilaterally withdraw a suit he instituted, considering the first and second defendants had incurred substantial costs defending the frivolous action filed by the claimant in bad faith to secure an injunction to stifle press freedom.
Dende’s counsel, Bola Aidi (SAN), sought to withdraw his earlier letter seeking to withdraw the suit.
In opposition to the claimant’s application to withdraw the letter of discontinuance, Terence submitted that granting the application would constitute an abuse of the judicial process.
The court directed both parties to present oral arguments on the issue.
Following the oral submissions, the court reserved its ruling to consider the facts and arguments presented before it and adjourned until November 21, 2024, for a ruling.
