Court strikes out N1bn suit against Malami for ‘lack of diligent prosecution’

A federal capital territory (FCT) high court in Kubwa has struck out the N1 billion suit instituted against Abubakar Malami, former attorney-general of the federation.

Malami was sued in his official and personal capacities alongside Asabe Waziri, civil servant and founder of Asabe Waziri Justice Advocacy Initiative.

At the court session on Thursday, Oluyemisi Adelaja, presiding judge, struck out the case for lack of diligent prosecution.

“The claimant is the one who filed the action and is required to be seen diligently prosecuting same but they are not in court and there is no reason for their absence before the court,” the judge held.

“They have, therefore, been absent without reason and consequent upon Order 32 Rule 4, this case is ordered struck out for want of diligent prosecution.”

BACKGROUND

The case was instituted by Cecil Osakwe, a property developer.

In the suit, Osakwe alleged that Malami used his office as the AGF to intimidate and harass him in favour of Waziri.

In the affidavits attached to the suit marked FCT/HC/CV/2797/2023, Osakwe said he had agreed to sell two blocks of flats situated in Maitama, to the first defendants (Waziri).

However, the claimant said he changed his mind after Waziri allegedly breached some of the terms in the contract regulations.

He said he decided to terminate the sales transaction by approaching an FCT high court with a suit marked FHC/HC/BW/CV/2435/2021.

He claimed judgment was entered on February 17, 2022, and Waziri was ordered to vacate possession of the said apartment and return possession to the claimant.

Following the judgment, Osakwe said he issued 15 copies of cheques totalling N150 million as a refund to Waziri, which she rejected on the grounds that the said judgment has been appealed.

The claimant said the February 22 judgment was enforced in March 2022 and the first defendant was vacated from the said property.

Waziri was said to have challenged the legality before an FCT high court in Jabi.

In a separate suit, the federal government preferred a two-count charge marked FCT/HC/CR/244/2022, against Osakwe for allegedly collecting money under false pretence with intent to defraud Waziri of N130 million.

The suit also alleged criminal intimidation of Waziri, and that Osakwe had threatened Waziri with injury to her person and reputation, with intent to cause her harm and even death.

However, Osakwe in the instant suit argued that the case by the federal government was a conspiracy between the defendants “designed to harass, embarrass and intimidate” him.

He claimed the suit had caused him loss of money, opportunities and goodwill.

Osakwe then prayed the court for a declaration that the civil action against him by the federal government was malicious and an abuse of office by the AGF.

He prayed for an order directing the first defendant to pay him N120 million as punitive damages.

He also prayed that Malalmi should be ordered to pay N1 million as punitive damages. The claimant further demanded N100 million from all the defendants as general damages and another five million for the cost of litigation.

But in a ruling delivered on February 28, the judge granted the oral application by C.J Abengowe, counsel to Waziri, who asked for the striking out of the suit following the absence of the defendant.