The founder of IBD Hotels, Ibrahim Egungbohun Dende, has filed a notice at the High Court of the Federal Capital Territory (FCT), Abuja, requesting the withdrawal of his N500 million defamation lawsuit against investigative journalist, Fisayo Soyombo and his media organisation, the Foundation for Investigative Journalism (FIJ).
Dende, who made the request in a notice submitted on September 30, 2024, titled, “Notice of Discontinuance” and addressed to the court registrar and other parties, apologised for any inconvenience his request caused.
The notice filed by his legal representative, A. J. Abulfathi, Esq. of Bola Aidi SAN & Co. law firm, 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.”
The notice was delivered shortly before the scheduled trial date, where Dende and his co-witness, Oba Akintunde Akinyemi, a traditional ruler from Yewa North, were set to testify.
However, in response, FIJ’s legal representative filed a motion contesting the discontinuance.
The counsel argued that since a defense 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 Federal Capital Territory Abuja (Civil Procedure) Rules 2018.
He requested that the court dismiss the suit entirely with significant costs, to prevent Dende from re-filing it, which they claimed would constitute forum shopping.
Vembe Terence, who represented FIJ on behalf of Slingstone LP, asserted that Dende’s letter was legally inadequate and an abuse of judicial process.
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 dismissal of Dende’s Notice of Discontinuance.
They reiterated that court rules required the claimant to seek permission to withdraw a suit after a defense had been filed.
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.
The counsel 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.
He said, “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.
“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.”
Document
Discontinuance fisayo .pdf
The court instructed both parts to present oral arguments, after which it reserved its ruling, with the matter adjourned until November 21, 2024, for a decision
