By innocent anaba
A Kaduna State High Court, has  struck out the suit by Yerima Yusuf, against the Nigeria Polo Federation, NPF,  seeking to determine the legality of the status of the NPF and whether it can lawfully conduct elections into its executive offices and regulate the game of polo in the country.

Trial judge in the matter is Justice M. Ladan. The development may have laid to rest the legality of the election into executive offices of the NPF. The court  agreed with the submissions of counsel to the defendants, that since Yerima Yusuf  (the plaintiff) on his volition decided to file a notice of discontinuance, it automatically terminated the suit against the defendants pursuant to the case of Maritime Authority vs Brawal Shipping Nigeria Limited.

“I have carefully perused exhibit, there is no gainsaying the fact it is a notice of discontinuance dated  November 11, 2010, discontinuing the suit against the defendants,” the court said.

The consequences of a notice of discontinuance is aptly put by the Court of Appeal in the case of Maritime Authority vs Brawal Shipping Nigeria Limited (1998) 8 NWLR pt 615 p.47 as per Atinuke Ige, JCA which states as follows: “at any stage before the hearing of a case, the plaintiff has an un_qualified right to file a notice of discontinuance of the action against the defendant. At that stage, leave of the court is not required and once it’s filed, it terminates the proceedings,” the court said.

The judge consequently struck out the suit and awarded a cost of N10,000 against the plaintiff in favour of the 1st, 2nd, 4th and 10th defendants.

The elections into NPF were originally slated for November 11, 2010 but was halted by an order granted ex_parte on November 9 by the court, preventing the defendants from conducting the elections.

However, on November 11, counsel to the plaintiff file a notice of discontinuance discontinuing the case thereby paving the way for the election to hold on November 12,  where Francis Ogboro emerged president of the NPF and defeating Alhaji Baba Alhassan Dantata. Few days after, Yusuf denied withdrawing the suit.