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The founder of the Foundation for Investigative Journalism, Fisayo Soyombo, has disagreed with the decision to discontinue the defamation lawsuit filed by the founder of IBD Hotels, Ibrahim Dende, against him and his media house.
Dende had, on September 30, 2024, sent a letter titled ‘Notice of Discontinuance’ to the registrar of the High Court of the Federal Capital Territory and other parties involved in the case, conveying his apologies for any inconvenience caused by the request.
The letter, filed by his legal representative, A. J. Abulfathi of Bola Aidi SAN & Co. law firm, was delivered to the parties days before the date fixed by the court for the trial of the suit.
It reads, “We write to notify this honourable court of our intention to withdraw the said matter before this court on the instruction of our client. We sincerely apologise for any inconvenience.”
Dende and his co-witness, a traditional ruler from Yewa North, Oba Akintunde Akinyemi, were supposed to testify on Tuesday but were unavailable.
However, in response, FIJ’s legal representative, Slingstone LP, filed a motion contesting the discontinuance.
Vembe Terence, who represented FIJ on behalf of Slingstone LP, asserted that Dende’s letter was legally inadequate and an abuse of the judicial process.
He also argued that since a defence had already been filed, Dende needed the court’s permission to withdraw the suit, as mandated by Order 24 Rule 1(3) of the High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018.
He further requested the court dismiss the suit entirely with significant costs to prevent Dende from re-filing it, which they claimed would constitute forum shopping.
“By virtue of Order 24 Rule 1(3) of the High Court of the 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, a defence has been filed against the claim.
“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, 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 the 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 FIJ legal representative argued.
When the case was heard on Tuesday before Justice Binta Mohammed, Soyombo and FIJ’s counsel informed the court about their Motion on Notice dated October 11, 2024, requesting the dismissal of Dende’s Notice of Discontinuance.
Meanwhile, Dende’s counsel, Bola Aidi (SAN), then attempted to retract the withdrawal letter, but Terence opposed this, arguing that allowing the withdrawal would further abuse the judicial process.
Terence emphasised that the defendants had incurred considerable costs in defending against what they described as a baseless action aimed at halting press reports that highlighted Dende’s alleged involvement in unlawful importation and connections with public officials despite his known smuggling activities.
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.
The matter was, however, adjourned until November 21, 2024, for ruling.
