Court strikes out suit challenging Saraki’s trial
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A Federal High Court in Abuja has struck out a suit challenging the propriety of the trial of Senate President, Bukola Saraki before the Code of Conduct Tribunal (CCT).
Justice Gabriel Kolawole struck out the suit following an oral application by Mrs. H. M. Eken, lawyer to the Attorney General of the Federation (AGF), Abubakar Malami (SAN).
At the commencement of proceedings, Mrs. Eken noted that the applicant – Timipa Jenkins Okponipere – was absent in court. She argued that the applicant’s absence was an indication the lack of diligence on his part to prosecute the case.
Mrs. Eken urged the court not only to strike out the suit, but to also award N20, 000 cost against the applicant.
Ruling, Justice Kolawole noted that on the previous adjourned date of September 29, 2016 neither the applicant nor the two respondents were in court.
He noted that although the hearing notices ordered by the court were not served on parties, the fact that the 2nd respondent was in court showed more diligence on the AGF’s part.
Relying on the provision of Order 19 Rule 15 of the court’s Civil Procedure Rules, the judge struck out the suit.
Source: scannews
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