ENUGU, Nigeria (VOICE OF NAIJA) – The Federal High Court in Lagos has struck out the Federal Government of Nigeria’s suit seeking to recover and forfeit the sum of N70tn it alleged was stashed in 29 bank accounts by looters.
In his judgment, Justice Peter Lifu stated that the Federal Government of Nigeria’s lawyers and the private lawyers which it subsequently gave a authoritative order, did not diligently prosecute the case.
The Federal Government of Nigeria and the Attorney-General of the Federation/ Minister of Justice are the plaintiffs/applicants in the suit marked, FHC/L/CS/968/2021, Punch reports.
Listed as defendants/respondents in the suit were 17 commercial banks and Nigerian Agip Oil Company Ltd and the Nigerian National Petroleum Corporation.
In August 2021, the Federal Government of Nigeria had obtained an interim order from Justice Tijani Ringim for the forfeiture of the N70tn.
The case was later transferred to Justice Lifu, who in 2022, vacated the interim order, following Federal Government of Nigeria’s failure to meet the terms of the order.
Delivering judgment on the substantive suit on Tuesday, Justice Lifu held that since the vacation of the interim order “it has been back and forth, with various excuses, applications for adjournment at the instance of the plaintiffs/applicants counsel, Mohammed Ndarani (SAN).
“From all indications, the instant case has clearly lost its stance as the plaintiffs/applicants seem not to be interested in the matter any longer, having failed consistently to be present in court since December 9, 2021.
“The chambers of Femi Falana that just filed a Notice of Change of Counsel on the last adjourned date has suddenly withdrawn appearance today.”
The judge wondered that Federal Government of Nigeria’s lawyers, from Ndarani to Falana “suddenly developed cold feet over this alleged public interest case”.
The judge held therefore that “Going through the originating process filed by Mohammed Ndarani, (SAN), which is no longer extant as the ex parte order was set aside on May 27, 2022, there is nothing left again for this court to adjudicate upon.
“In the circumstances of this case, therefore, the application of the learned counsel for NNPC, M. T. Danzaki, and Access Bank Plc, I. S. Etefia, succeeds.
“This case is hereby struck out for want of diligent prosecution and I make no order as to cost.”