Abuja - A Federal High Court in Abuja on Wednesday struck out a suit challenging the validity of the trial of Senate President, Bukola Saraki, on charges of breach of code of conduct for public officers and asset declaration breaches preferred against him before the Code of Conduct Tribunal, Punch reports.
Justice Gabriel Kolawole struck out the suit following an oral application by a lawyer from the Office of the Attorney General of the Federation, H. M. Eken.
When the case was called on Wednesday, Eken noted that the plaintiff, Timipa Jenkins Okponipere, who filed the suit on behalf of the Senate President, was absent from court.
The lawyer argued that the applicant’s absence from court implied lack of diligence on his part to prosecute the case.
She urged the court not only to strike out the suit, but to also award N20 000 cost against the applicant.
In his ruling, Justice Kolawole noted that on the previous adjourned date of September 29, 2016 neither the applicant nor the two respondents were in court.
He noted that although the hearing notices ordered by the court were not served on parties, the fact that the 2nd respondent was in court showed more diligence on the AGF’s part.
The judge relied on the provisions of Order 19 Rule 15 of the court’s Civil Procedure Rules, to strike out the suit.
But he declined to award any cost against the applicant on the grounds that there was no evidence that hearing notice was served on the applicant.
ommitted the offences.
Meanwhile the House of Representatives on Tuesday halted the moves to revisit the Code of Conduct Bureau and Tribunal Act amendment passed by both chambers of the National Assembly according to News24.
The House Leader, Rep. Femi Gbajabiamila, had asked for a suspension of the rules of the house to revisit the amendment.
- News 24