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 Hope For Nigeria 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.