“The Nigerian Supreme Court of Nigeria held as follows in the case of LEONARD ERONINI & ORS. V FRANCIS IHEUKO (1989) LPELR-1161(SC) (P. 13, Paras. C-F) PER OBASEKI J.S.C. - 17 "It is clear therefore, that a plaintiff and or a defendant who counterclaims may withdraw his claim or counter-claim at any stage of the proceedings before judgment. In some cases (no leave is required), these are mainly in circumstances where no date has been fixed for hearing. No leave is required.” “However, where the case has been fixed for hearing, leave to withdraw is required as the Rule gives power to the court to allow discontinuance. Leave may be granted on terms as to costs and as to any subsequent suit and otherwise as to the court may deem just. In other words, the court must consider the justice of allowing subsequent suit and otherwise." “It is in clear understanding of the above that the Applicants sought the LEAVE of the Honorable Court to discontinue this suit for reasons so stated.” “It is trite law that the Court exercises her discretion based on the facts disclosed by the party seeking to benefit from the discretionary jurisdiction of the court. The case on hand is one where the applicants seek to benefit from the discretionary powers of this Honorable Court by asking for permission to discontinue this suit and for this suit to be struck out instead of dismissal.” “The core reason behind the application for leave to discontinue is that we, applicants’ Counsel have come to the undeniable realization that this honourable Court lacks the requisite jurisdiction to hear and determine this action based on the fact disclosed on the face of all the processes filed by the parties that the plaintiffs herein have been proceeding against wrong defendants/wrongly described defendants. “Wrong defendants” in the sense that 1st, 3rd, 4th , 5th, 6th and 7th Defendants herein are not state parties as required by the law governing the Honorable ECOWAS Court and “wro n gl y d es cri bed d efend an t ” in that the 2nd Defendant herein, though may pass for a state party in local and national understanding and practices in Nigerian Municipal and Federal Courts does not qualify as STATE PARTY under the ECOWAS Court understanding and practices hence the need to discontinue and start afresh based on clearer understanding of the ECOWAS Court practices and procedure.” “The reason for our application for leave to withdrawal/discontinuance is not because the Applicants lack cause or right of action or that the suit is Statute