The Abuja Division of the Federal High Court on Tuesday threatened to strike out a suit filed by Festus Keyamo, spokesperson of the All Progressives Congress (APC) Presidential Campaign Council (PCC), against former Vice-President Atiku Abubakar.
Justice James Omotosho, who gave the warning, said if Mr Keyamo was not ready to prosecute the case diligently, the suit would be struck out on the next adjourned date.
Mr Keyamo had instituted the suit marked: FHC/ABJ/CS/84/2023 against Mr Abubakar over allegations of money laundering.
Also joined as defendants in the suit include the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC) and the Code of Conduct Bureau.
Mr Keyamo asked the law enforcement agencies to arrest Mr Abubakar based on an audio recording released by Michael Achimugu, his former aide.
In the audio, the former vice-president allegedly explained how shell organisations were set up to divert public funds.
Upon resumed hearing, Mr Keyamo’s counsel, Okechukwu Uju-azorji, said in the last adjourned date, the court granted an order to serve Mr Abubakar (first defendant) through substituted means.
Mr Uju-azorji said while they were planning to effect the service, Mr Abubakar served them his statement of defence.
“Have you served them the originating process?” the judge asked.
The lawyer, who said he was yet to serve Mr Abubakar based on the court order, said he felt the former vice president’s statement of defence was incompetent since he (Mr Abubakar) was yet to be served with their court papers.
Justice Omotosho said he recalled adjourning the matter for today because the defendant had 30 days to respond.
He further said that for Mr Abubakar to have filed his application even before being served with the plaintiff originating process showed he was diligent.
He said the senior lawyer should not have based his failure to effect the service of his application on the incompetence of Mr Abubakar’s process because the news about the matter was on social media.
Mr Uju-azorji also told the court that Mr Keyamo was not within the court’s jurisdiction to give evidence.
The judge warned the lawyer against turning the court into a dumping ground.
Mr Uju-azorji, therefore, prayed the court for an adjournment to enable him to serve Mr Abubakar with the originating process.
Justice Omotosho subsequently adjourned the matter until March 23 for a hearing or for striking out.
Mr Keyamo is seeking an order of the court compelling the anti-graft agencies to invite or arrest, investigate, and, if found wanting, prosecute Mr Abubakar regarding information available to him.
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