A Federal Capital Territory (FCT) High Court in Kubwa has struck out the N1 billion suit instituted against a former Attorney-General of the Federation and Minister of Justice, Abubakar Malami SAN.
Malami was sued in his official and personal capacities alongside Asabe Waziri, civil servant and founder of Asabe Waziri Justice Advocacy Initiative.
At the court session, on Thursday, Oluyemisi Adelaja, presiding judge, struck out the case for lack of diligent prosecution.
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“The claimant is the one who filed the action and is required to be seen diligently prosecuting same but they are not in court and there is no reason for their absence before the court,” the judge held.
“They have, therefore, been absent without reason and consequent upon Order 32 Rule 4, this case is ordered struck out for want of diligent prosecution.”
The case was instituted by Cecil Osakwe, a property developer.
In the suit, Osakwe accused Malami of using his office to arm-twist him into handing out two units of three-bedroom flats situated in the Maitama area of Abuja, to Waziri.
The property developer added that the former AGF allegedly coerced him to hand over the property worth about N130 million to Waziri despite a subsisting court order.
According to Osakwe, Malami allegedly intervened in a civil dispute between his firm and Waziri.
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He also alleged that Malami was behind his continuous harassment by security operatives.
He said the former minister was aware that Waziri initially moved into the said property and stayed for over eight months before she was vacated from it by a court order that terminated the transaction.
Meanwhile, Osakwe is facing a two-count charge marked FCT/HC/CR/244/2022, filed against him by the federal government over allegation of advance fee fraud to the tune of N130 million.
The suit also alleged criminal intimidation of Waziri, and that Osakwe had threatened Waziri with injury to her person and reputation, with intent to cause her harm and even death.