Godwin Tsa, Abuja
Justice John Tsoho of the Abuja Division of the Federal High Court has struck out a suit seeking the arrest and prosecution of Senator Enyinnaya Abaribe, former Minister of Aviation, Mr. Femi Fani-Kayode, Tochukwu Uchendu and Emmanuel Shallom Ben that stood surety for the leader of the proscribed group, Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The suit, filed by Mr. Isiah Ayugu, had asked the court for an order of mandamus compelling the police and the Department of State Services to promptly initiate criminal action against those he accused of complicity in Kanu’s escape from the country.
The plaintiff told the court in his suit FHC/ABJ/CS/1254/18, filed by his counsel, Mr. Oghenovo Otemu, that the respondents had a case to answer.
Among other things, he asked the court to grant an order to mandate security agencies to investigate and prosecute Abaribe and the others, including Kanu’s lawyer, Mr. Ifeanyi Ejiofor, for “working together to propagate and spread lies and falsehood that Kanu was abducted, kidnapped, arrested and detained by the Nigerian military, when indeed they were well aware of Kanu’s whereabouts because they played roles in helping him to disappear from Nigeria.”
However, the respondents, through their counsel, Mr. Chukwuma-Machukwu Ume, SAN, challenged the competence of the suit, urging the court to dismiss it for want of merit, adding that it amounted to gross abuse of the judicial process, since a similar case was also pending before the same high court.
The respondents argued that the suit was hypothetical in nature, saying it failed to disclose live issues that could be litigated upon.
They prayed the court not to allow itself to be steered to engage in a fruitless academic exercise.
Although the notice of preliminary objection was served on all the parties, the plaintiff’s counsel neither responded nor appeared in court when his case was to his knowledge adjourned to yesterday for hearing.
When the case came up, the court, in a ruling that was delivered by Justice John Tsoho, struck out the case for want of diligent prosecution.
Justice Tsoho noted that the plaintiff failed to appear for hearing of the matter, even though his lawyer was present when the case was adjourned.
The judge said, “I, therefore, also agree with other reasons adduced by the learned silk, and hereby strike out the suit for want of diligent prosecution.”
After the judgement, Ume disclosed that the court had on January 11, 2019, ordered the plaintiff to file updated process but he failed to do so.