An Abuja based Lawyer, Johnmary Jideobi, who on the 9th of March, 2020 asked the Federal High Court to compel the Federal Government of Nigeria to shut down all the land, sea and air borders has today withdrawn the suit.

In the Notice of Discontinuance filed at the Federal High Court today, the Lawyer accused the Federal High Court of failure of duty by not fixing the suit within 7 days for hearing in line with Fundamental Rights Enforcement Procedure Rules, 2009 enacted by the Chief Justice of Nigeria.

According to him:
7. I strongly believe that by fixing this matter for 5th May, 2020 whereas it was filed on the 9th of March, 2020, this Honourable Court gravely violated one of the fundamental essence of the provisions of the Fundamental Rights Enforcement Rules, 2009 which is speedy trial of such matters brought before the Court.

8. I strongly believe that the interest of the millions of Nigerians on whose behalf this suit was brought could have been better served if this Honourable Court had complied with the mandatory provision of Order 4 Rule 1 of the FREP Rules, 2009 by setting this matter down for hearing within 7 days of its filing and deciding it one way or the other.

9. I strongly believe that the nomination of 5th May, 2020 for this mater and subsequently fixing the Motion for mention on the 26th day of March, 2020 contrary to the FREP Rules, 2009 amounts to a failure of duty on the part of this Court to the prejudice of the Applicant and millions of Nigerians he stands for in the matter.

10. Between the 20th day of March, 2020 when the ex-parte application was heard and 23rd day of March, 2020, the Federal Government of Nigeria, through the Federal Ministry of Health, announced a significant increase in the number of confirmed COVID-19 infected persons in Nigeria who majorly either came in through international flights or contacted same from the infected people who came in through international flights [an ugly situation sought to be prevented by the institution of the instant suit].

11. I strongly believe that the continuous pursuit of the instant case would amount to locking the stable door after the horse has escaped as the harm urgently sought to be prevented [which is the subject-matter of the instant suit] has already occurred even before the Federal Government of Nigeria agreed to apply the needed remedy by completely shutting down all our international airports which belatedly took effect from Monday, 23rd day of March, 2020.