ABEOKUTA - A Federal High court sitting in Abeokuta on Monday has awarded the cost of N40,000 naira each against one Ayokunle Ewuoso and Sina Oduntan for failing to continue their suit filed against Ogun State Commissioner of Police and one Remi Olugbenro.
Ewuoso and Oduntan had in a suit number: FHC/AB/FHR/33/22 and FHC/AB/FHR/34/21 challenged their arrest for allegedly assaulting a female journalist at the premises of the NUJ secretariat, Iwe-Irohin House, Oke-Ilewo, Abeokuta in February this year.
But Justice Remi Oguntoyinbo who presided over the case struck out the Fundamental Human Rights suit filed by both Ayokunle Ewuoso and Sina Oduntan.
Justice Oguntoyinbo while ruling on the matter awarded the cost of forty thousand naira against each of the applicants as cost for bringing the second respondent, Mrs. Remi Olugbenro to court.
It would be recalled that counsel to the first and second applicants, Ewuoso and Oduntan, Mr. Deji Eniiseyin who was conspicuously absent in court having been served with counter-affidavit had applied to discontinue the case stating that the matter has been resolved amicably.
The counsel to Mrs. Olugbenro, Mr. Gani Ogunsanwo while reacting to the assertion that the matter had been settled, informed the court that he was not aware of any settlement and asked the court to award costs against each of the applicants if the court was inclined to grant the application for withdrawal.
Ogunsanwo then pleaded for the judge to award the sum of fifty thousand naira as cost against each of the applicants for bringing his client to court.
In his argument, counsel to the Ogun State Commissioner of Police had also informed the court that he was misled that the applicants had filed applications to discontinue the suit.
Justice Oguntoyinbo in her ruling agreed that the applicants have the right to discontinue the matter, but pointed out that they can not run away from its liabilities.
She then stated that the second respondent, (Mrs. Remi Olugbenro) had filed the necessary counter-affidavits before the court has joined issues in law and was entitled to cost.
Justice Oguntoyinbo, therefore, awarded the cost of forty thousand naira against Mr. Ayokunle Ewuoso, the first applicant, and the sum of forty thousand nairas against Mr. Sina Oduntan, the second applicant.
No comments:
Post a Comment