- 34 As to granting the Motion on Notice for Withdrawal or Discontinuance 10.2. Declares further that the Plaintiffs’ Motion or prayer for the discontinuance or withdrawal of the Application against all the Respondents be and the same is hereby granted. As to the case being an abuse of court process 10.5. Lastly, on the suit being an abuse of court process, the Court rules that Motion for Discontinuance/Withdrawal is not an abuse of court process; as to the instance where another action is subsequently filed on this same subject matter, the Court rules that the arguments of the Defendants/Respondents is not sustained and is considered premature and presumptive; as regards the existence of a prior suit on the same subject matter between the same parties as seen in the case of Vincent Agu, et al, the Court rules that indeed this instant case is an abuse of court process, and were it not for the withdrawal or discontinuance filed by the Plaintiffs which is herein granted by this Court, this case ought to properly be dismissed as to the 4 th and 5th Defendants. As to costs 10.6. The Court rules that costs are hereby awarded to the Defendants in the discontinuance of this case by the Plaintiffs at this juncture. Thus made, adjudged and pronounced in a public hearing at Abuja, this 04th day of May, A.D.2016 by the Court of Justice of the Economic Community of West African States. THE FOLLOWING JUDGES HAVE SIGNED THIS RULING Hon. Justice Friday Chijioke NWOKE – Presiding Hon. Justice Maria do Ceu Silva MONTEIRO - Member Hon. Justice Micah Wilkins WRIGHT – Member Assisted by Mr. Aboubakar Djibo DIAKITE, Esq. – Registrar SEAL OF COURT