By Ken Afor
A High Court in the Federal Capital Territory (FCT) in Kubwa, Abuja, Nigeria’s capital, on Thursday dismissed a case filed against Mr. Abubakar Malami, a former Minister of Justice and Attorney-General of the Federation (AGF), while in office.
The case was also against Ms. Asabe Waziri, a staff of the Nigerian National Petroleum Corporation (NNPC), alongside the office of the former minister.
The case was dismissed following the absence of the claimant, Mr. Cecil Osakwe, an Abuja-based property developer.
Justice Oluyemisi Adelaja, who presided over the matter, explained that the case was dismissed due to a lack of diligent prosecution, in which the legal team failed to actively pursue the case adequately.
Justice Adelaja emphasized that the claimant did not appear in court and did not offer a valid explanation for their absence.
Consequently, the case was dismissed under Order 32 Rule 4, which likely pertains to procedural rules regarding court appearances and dismissals.
The Judge explained: “The claimant is the one who filed the action and is required to be seen diligently prosecuting the 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 consequently, upon Order 32 Rule 4, this case is ordered struck out for want of diligent prosecution,’’ Adelaja ordered.
It would be recalled that in June 2022, the Federal Government of Nigeria filed a two-count charge (FCT/HC/CR/244/2022) against Osakwe, alleging advance fee fraud totaling N130 million.
The charges included allegations of criminal activity, specifically criminal intimidation, against Ms. Waziri. The allegations also involve threats made by Mr. Osakwe towards Waziri, with the intent to cause harm, including death.
Further details revealed that Waziri reportedly purchased a two-bedroom property from Osakwe for N130 million in Maitama, a posh area in the FCT.
In a countercharge, Osakwe filed a lawsuit against Mr. Malami and the Federal Ministry of Justice through his counsel, Mr. Victor Giwa, seeking several reliefs, including an order for Malami to pay N1 billion in damages and a joint and several order for the defendants to pay N100 million in general damages.
