In the motion, Azibaola requested for an order nullifying and setting aside the remand order obtained by the EFCC, an order directing the commission to release him from custody, an order of perpetual injunction restraining the EFCC or any person acting for/on behalf of the commission from arresting or detaining him.
Justice Candid Johnson of the Lagos State High Court, on Tuesday, struck out a motion filed by Azibaola Robert, a cousin to the former President Goodluck Jonathan, against the Economic and Financial Crimes Commission (EFCC). The suit was struck out on grounds of lack of diligent prosecution. Azibaola had lost a similar motion before Justice O. O. Goodluck of the Federal High Court sitting in Abuja.
After the dismissal of his motion by the Abuja court, Azibaola filed two separate motions before Justice C. M. A Olatoregun of the Federal High Court, Lagos and Justice Candid Johnson of the Lagos High Court, asking both courts to restrain EFCC from arresting, detaining or investigating him.
In the motion, Azibaola requested for an order nullifying and setting aside the remand order obtained by the EFCC, an order directing the commission to release him from custody, an order of perpetual injunction restraining the EFCC or any person acting for/on behalf of the commission from arresting or detaining him. The applicant also asked for special damages in the sum of N200 million.
At the resumed hearing of the matter on Tuesday, the applicant and his counsel were not in court when the matter was called.
Consequently, counsel to the EFCC, Idris Abdullahi Mohammed, urged the court to strike out the suit, arguing that no explanation was communicated to the commission in respect of the absence of the applicant or his lawyer.
Mohammed argued that the case was a fundamental right proceeding, which required speedy hearing.
Justice Johnson agreed with the respondent’s submission and duly struck out the suit. He also ordered Azibaola to pay the sum of N30,000 as cost to the EFCC.
Azibaola is facing investigation by the EFCC for suspicious contracts awarded to him by Colonel Sambo Dasuki (rtd.), the former National Security Adviser to former President Goodluck Jonathan.
EFCC's investigation revealed that between 2012 and 2015, Dasuki awarded fictitious contracts with a value exceeding N2billion. Azibaola, his companies and proxies were also alleged to have been awarded contracts worth $1.7 billion and €9.9million respectively.
In addition, the sums of $40 million and N650 million respectively were traced to his account.
