Equity Lewis Allagoa of a Government High Court in Lagos on Wednesday, excused a suit recorded by privileges lobbyist Boss Femi Falana (SAN) testing an implied offer of Polaris Bank
Equity Allagoa excused the suit following an application by the learned silk, trying to cease same under the steady gaze of the court.
According to the News Agency of Nigeria (NAN), Falana filed suit FHC/l/CS/87c/23 against Polaris Bank Nigeria Ltd. and the Central Bank of Nigeria (CBN). In his originating summons, the plaintiff asked the court to make the following decision:
“Whether by the provisiins of area 42(2) of the Banks and Other Monetary Establishments Act 2020, and Public Acquirement Act, 2007, the CBN could truly sell Polaris bank for N50 billion having prior revived same for N1.3 trillion .
As a result, Falana sought a declaration that the alleged sale of Polaris Bank by CBN on October 19, 2022 violates the Public Procurement Act of 2007.
He claims that the alleged sale also breaks the Banks and Other Related Institutions Act of 2020.
The offended party had thusly, looked for a request, saving the offer of Polaris bank .
At the point when the case was approached Wednesday, Falana reported appearance for himself as both plantiff and counsel showing up for himself .
The first defendant was represented by Mr. Augustine Okafor, while the second defendant was represented by Mr. Olabisi Makanjuola.
Falana then, at that point, informed the court that he looks to pull out and end the suit following a take over of Polaris bank by the central government.
He said that the Federal Government had decided to take over the bank after determining that selling Polaris was against the law.
On the basis of that, he then sought to withdraw the lawsuit.
In the mean time, guard counsel (Makanjuola) contended that since the offended party had started the activity via beginning summons for which issues hosted been joined by gatherings, he can’t look to pull out same.
He contended that offended party had not tried to record his discontinuance in the span of 14 days of getting the counter affirmation of the safeguard, adding that issues had previously been joined .
Makanjuola demanded that in the conditions, the proper request for the court to make is an excusal of the suit.
Also, he helped the court to remember a previous request granting cost of N200,000 against the offended party at the last adjiourned date, which had not been complied, adding that the offended party should initially submit to the court’s structure .
This position was likewise embraced by second safeguard counsel.
Accordingly, Falana called attention to that protection counsel should stretch out acclamations to him, for his capacity to bring such open interest case under the watchful eye of the court in light of a legitimate concern for Nigerians .
Falana contended that it is the obligation of each and every benevolent Nigerian to safeguard the interst of his country which he had done by coming to court in such a suit.
He presented that a request for cost was not suitable in the conditions.
In his decision, the court first noted that the plaintiff’s lawsuit was well-intentioned in the public interest and should not be punished.
The court, nonetheless, held that since issues had been joined, the fitting request to make is an excusal
Equity Allagoa thus, excused the suit however repealed the expense recently granted against the litigant.
NAN reports that a comparative suit by the offended party against the Value Control Board is forthcoming under the watchful eye of the court
Be that as it may, when the case was called, there was no delegate for the litigants.
Falana let the court know that he was before informed by the Principal legal officer that he would send a delegate to court yet none is accessible as should be visible.
He subsequently, looked to take a further date for the case, The court concluded the later suit until Feb. 7.
