A motion filed by Azibaola Robert, a cousin to the former President, Goodluck Jonathan, has been struck out yesterday by Justice Candid Johnson of the Lagos State High Court sitting in Igbosere, Lagos State on grounds of lack of diligent prosecution.
Azibaola had lost a similar motion before Justice O. O. Goodluck of the Federal High court sitting in Abuja.
After the dismissal of his motion by the Abuja Court, Azibola filed two separate motions before Justice C. M. A Olatoregun of the Federal High Court, Lagos and Justice Candid Johnson of the Lagos High Court asking both courts to restrain EFCC from arresting, detaining or investigating him.
In the motion, Azibaola requested for an order nullifying and setting aside the order obtained by the Commission to remand him; an order directing the Commission to release him from custody; an order of perpetual injunction restraining the EFCC or any person whatsoever acting for/on behalf of the Commission from arresting or detaining him and the applicant also asked for special damages in the sum of N200million.
At the resumed hearing of the matter today, neither the applicant nor his counsel was present in court when the matter was called.
Consequently, counsel representing the respondent, EFCC, Idris Abdullahi Mohammed, urged the court to strike out the suit.
He told the court that no explanation was communicated to the respondent in respect of the absence of the applicant or his counsel.
The counsel argued that the case was a fundamental right proceedings, which required expeditious hearing.
Justice Johnson agreed with the respondent’s submission and accordingly struck out the suit.
He also ordered the applicant (Azibaola) to pay the sum of N30,000 (thirty thousand naira) as cost to the respondent (EFCC).
Azibola is being investigated by the EFCC for suspicious contracts awarded to him by the former National Security Adviser to the former President, Goodluck Jonathan.
The investigation revealed that between 2012 and 2015, Colonel Sambo Dasuki allegedly awarded fictitious contracts to the tunes of N2,219,188,609.50 (Two Billion, Two Hundred and Nineteen Million, One Hundred and Eighty- eight Thousand, Six Hundred and Nine Naira, Fifty Kobo), $1,671,742,613.58 (One Billion, Six Hundred and Seventy One Million, Seven Hundred and Forty Two Thousand, Six Hundred and Thirteen Dollars Fifty Eight Cents) and €9,905,477.00 (Nine Million, Nine Hundred and Five Thousand, Four Hundred and Seventy -Seven Euros) respectively to Azibola, his companies and proxies. Also the sums of $40,000,000 and N650,000,000 were said to have been traced to the bank account of Azibola by the former NSA. [EFCC]
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