Justice Inyang Ekwo, in a short ruling, threw out the suit for lack of diligent prosecution.
By Ademu Usman Idakwo
A Federal High Court sitting in Abuja, on Tuesday, struck out a suit praying the court to compel the Code of Conduct Bureau (CCB) to investigate and prosecute Mr Peter Obi over allegations bordering on asset declaration breach.
Justice Inyang Ekwo, in a short ruling, threw out the suit for lack of diligent prosecution.
Mr Olukoya Ogungbeje, who claimed to be a human rights activist and a lawyer, had, in a suit marked: FHC/ABJ/CS/44/23, sued CCB as the sole respondent.
In the motion on notice dated July 3 but filed on November 6 by the applicant himself, he sought an order of mandamus compelling the CCB to, forthwith, exercise its constitutional and statutory duty, function and obligation to invite, investigate complaints; refer and prosecute Peter Obi before the Code of Conduct Tribunal (CCT) on the allegations and complaints of breaches of the constitutional provisions on assets declaration.
Ogungbeje alleged that Obi, the Labour Party (LP) presidential candidate in the February 25 presidential election, failed to declare his offshore holdings and their associated assets.
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Aside from the allegation that the LP candidate operated a foreign account while being a public officer and was a director of Next International (UK) Limited for 14 months after becoming the governor of Anambra.
He said this was contrary to provisions of the Code of Conduct Bureau and Tribunal Act and the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
He also sought a declaration that the failure and or refusal of CCB to act based on his application dated March 23 was tantamount to “crass dereliction of public duty, gross abdication of statutory responsibility and brazen infraction of constitutional obligations and functions imposed on the respondent by law.”
Justice Ekwo had, on November 1, granted Ogungbeje’s motion ex-parte moved by Odafe Ojisua, for leave to apply for an order of mandamus compelling the CCB to invite, investigate and prosecute Obi before the CCT.
The judge, who directed Ogungbeje to file his application within seven days, ordered him to serve CCB at least 14 days before the next adjourned date.
But when the matter was mentioned on Tuesday in the court, neither the applicant nor his lawyer was in court, and Justice Ekwo consequently struck out the suit
