Fisayo Soyombo, the founder of the Foundation for Investigative Journalism (FIJ), don dey contest the decision of Ibrahim Dende, the founder of IBD Hotels, to withdraw the defamation lawsuit wey him file against Soyombo and FIJ.
Dende, on September 30, 2024, send letter to the registrar of the High Court of the Federal Capital Territory, saying him want to withdraw the lawsuit. Him lawyer, A. J. Abulfathi of Bola Aidi SAN & Co. law firm, deliver the letter to the parties involved.
But FIJ no agree with this decision. Their lawyer, Vembe Terence from Slingstone LP, file motion to contest the discontinuance. Terence say Dende’s letter no follow the proper procedure because defence already dey on ground. Him argue say Dende need court permission to withdraw the suit, according to Order 24 Rule 1(3) of the High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018.
Terence also ask the court to dismiss the suit entirely with significant costs to prevent Dende from re-filing it, which them claim would be forum shopping. Him say the defendants don incur substantial costs in defending the lawsuit, which them describe as frivolous and legally unsustainable.
When the case come up on Tuesday before Justice Binta Mohammed, Soyombo and FIJ’s counsel inform the court about their Motion on Notice dated October 11, 2024, requesting the dismissal of Dende’s Notice of Discontinuance. Dende’s counsel, Bola Aidi (SAN), try to retract the withdrawal letter, but Terence oppose am, saying it would further abuse the judicial process.
The court direct both parties to present oral arguments on the issue. After the oral submissions, the court reserve its ruling and adjourn the matter until November 21, 2024, for ruling.
