The Abuja division of the
Federal High Court has struck out a case seeking to ensure the prosecution of
former aviation minister, Femi Fani-Kayode, over the disappearance of the
leader of the Indigenous People of Biafra, Nnamdi Kanu.
Vanguard reports that
Justice John Tsoho dismissed the suit on grounds of lack of diligent
prosecution following the absence of the lawyer who filed the matter.
Justice Tsoho said: “I
therefore agree with other reasons adduced by the learned silk and hereby
strike out this suit for want of diligent prosecution.”
A lawyer, Isaiah Agidi
Ayugu had brought the application before the court seeking for an order
compelling the Nigerian police, and the Department of State Services (DSS) to
prosecute Abaribe and Fani Kayode over the escape of Kanu from Nigeria.
But the applicant failed to
respond to the preliminary objection contending that the suit is an abuse of
court process by both Abaribe and Fani-Kayode, who were joined as parties in
the suit.
Ayugu had through his
lawyer, Oghenevo Otemu also sought the prosecution of Kanu’s lawyer, Ifeanyi
Ejiofor, and his siblings Emmanuel Kanu, Uchechi Kanu; and sureties, Tochukwu
Uchendu, Emmanuel Shallom-Ben.
He had alleged that they
had a hand in the escape of Kanu following the September 2017 military
operation in his family compound in Afara-Ukwu, Umuahia, Abia State. He was
eventually sighted in Israel.
Previously Legit.ng
reported that Federal High Court, Abuja adjourned the case to enable Senator
Enyinaya Abaribe (PDP, Abia) and two others to produce leader of the proscribed
IPOB, Nnamdi Kanu in court.
Abaribe, Immanuel
El-Shalom, a Jewish Chief High Priest, and Tochukwu Uchendu, a Chartered
Accountant, who stood surety for Kanu are to produce him in court or risk jail.
The trial judge, Justice
Binta Nyako, fixed the date after the court had ordered the prosecution to
serve the sureties with an earlier order of court.
The order demanded the
sureties to appear in court and explain the whereabouts of Kanu or show cause
why they should not forfeit their N100 million bail bond. At the resumed
hearing, counsel to the sureties observed that the court order had not been
served to his clients to enable them to prepare their defence.

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