“5.02. Leave of court as necessary to discontinue at this stage. Though hearing has not commenced but a date has been fixed for hearing. It is further submitted that where Notice of discontinuance is filed on or after the date the action was first fixed for hearing the judge or court has discretion to grant or refuse the Application. See Prof. Edozien & Ors vs. Chief Edozien (1993) I NWLR (Pt. 272) 678 or Abayomi Babatunde v Pan Atlantic Agencies Ltd &Ors (2007) All FWLR (PT. 372) 1721. It is argued that evidence has not been given and issues involve have not crystalized as to make it possible for Court to give a decision on the merits of the case.” “5.03. We submit that this is the mistake of counsel and not that of the Litigants. Humbly referred to paragraphs 9 and 22 of the Affidavit in Support.” “5.04. It is trite and the Courts have consistently held that the inadvertence of Counsel or that the Sins of Counsel should not be visited on the Litigant especially when such a decision would invariably lead the Court to reach a decision which would not or cannot be regarded as being a decision on the merit. In support of this Principle of Law, we humbly refer this Hon. Court to the decision in the case of Messrs Ude Ubaka & Sons V.C.C. Ezekwem& Co. (2000) 10 N.W.L.R. PT. 676 Page 600 – 612 particularly at Page 604 where the Court of Appeal (in Nigeria) stated that: “An Applicant should not be punished for the mistake or inaction or inadvertence of his Counsel”. “5.05. It is submitted as trite that the mistake of Counsel cannot be visited on Litigants to vitiate a Suit. - 8 “5.06. It is submitted that a Plaintiff in any Suit can discontinue or withdraw his Claims against any Defendant at any time. This is a trite principle of law.” “5.07. It is argued that the essence of the 7th Judicial Retreat is to ensure and facilitate improvements in the Application and implementation of ECOWAS Court Rules to enable the Hon. Court do Substantial Justice and not Technical Justice to the development of the Community law and improved access to Justice in ECOWAS Court. See paragraph 17 of Affidavit. Notice of Discontinuance is not collateral but part of Counsels implied authority as an Agent of his Client- the Applicant. See BAYKAM VENTURES LTD VS. OCEANIC BANK INTER. LTD (2005) ALL F.W.L.R (Pt. 286) 648 at 668 C.A.”