An FCT High Court sitting in Kubwa has struck out the N1 billion suit brought against a former Minister of Justice and Attorney-General of the Federation, Abubakar Malami (SAN), while he was in office.
Also sued was a civil servant, Ms Asabe Waziri and two others – the office of the former minister and the Federal Ministry of Justice.
The suit was brought against the former minister in his personal capacity along with Waziri and the two others by an Abuja-based property developer, Mr Cecil Osakwe.
But, Justice Oluyemisi Adelaja, on Thursday struck out the matter, citing lack of diligent prosecution by Osakwe.
“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.
“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,’’ Adelaja ordered.
In June 2022, the Federal Government had filed a two-count charge with suit number: FCT/HC/CR/244/2022, against Osakwe for advance fee fraud to the tune of N130 million.
The suit also alleged criminal intimidation of Waziri, a staff of the Nigerian National Petroleum Corporation, saying that Osakwe had threatened Waziri with injury to her person and reputation with intent to cause her harm and even death.
Waziri was said to have purchased a two-bed property from Osakwe to the tune of N130 million at Maitama, an up-market district of the FCT.
Following the two-count charge against Osakwe, he proceeded to file a lawsuit against the erstwhile attorney-general of the federation and minister of justice.
Others joined in the suit included the Federal Ministry of Justice and Waziri.
Through his Counsel, Mr Victor Giwa, Osakwe sought reliefs, including an order directing Malami to pay the sum of one billion naira to him as punitive damage.
The developer also sought an order directing the defendants to pay jointly and severally, the sum of one hundred million naira to him as general damages.
