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 and argued that his absence shows lack of intention to diligently prosecute the case.
Mrs. Eken also asked for cost of 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.
He declined to award any cost against the applicant on the ground that there was no evidence that hearing notice was served on the applicant.
The applicant, who claimed to be “suing as attorney to Senator Abubakar Bukola Saraki,” listed the CCT and the AGF as respondents in the suit, in which he sought among others, to restrain the respondents from proceeding with Saraki’s trial.
Okponipere had prayed the court’s declaration that “the plan to resume the trial of Senator Abubakar Saraki at the CCT is a breach of his fundamental right to fair hearing as guaranteed by Section 36(1) of the 1999 Constitution (as amended).
He also prayed for an order compelling the CCT and AGF to suspend indefinitely, any plan to resume the trial at the CCT.