A Federal High Court sitting in Abuja, on Tuesday, threatened to strike out a suit filed by Mr. 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 Keyamo was not ready to diligently prosecute the case, the suit would be struck out on the next adjourned date.
Keyamo had earlier asked law enforcement agencies to arrest Abubakar based on an audio recording released by Michael Achimugu, his former aide.
In the audio, the former vice president was alleged to have explained how shell organizations were set up to divert public funds.
Upon resumed hearing, Keyamo’s counsel, Okechukwu Uju-azorji, said in the last adjourned date, the court granted an order to serve Abubakar (1st defendant) through substituted means.
Uju-azorji said while they were planning to effect the service, Abubakar served on them his statement of defense.
“Have you served them the originating process?” the judge asked.
The lawyer, who said he was yet to serve Abubakar based on the court order, said he felt Abubakar’s statement of defense was incompetent since he (Abubakar) was yet to be served with their court papers.
Justice Omotosho said he recalled that he adjourned the matter for today because the defendant had 30 days to respond.
He further said that for 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 incompetency of Abubakar’s process because the news about the matter was on social media.
Uju-azorji also told the court that Keyamo was not within the court’s jurisdiction to give his evidence in the matter.
The judge then warned the lawyer against turning the court into a dumping ground.
Uju-azorji, therefore, prayed to the court for an adjournment to enable him to serve Abubakar with the originating process.
Justice Omotosho subsequently adjourned the matter until March 23 for a hearing or for striking out.
Keyamo is seeking an order of the court compelling the anti-graft agencies to invite or arrest, investigate, and if found wanting, prosecute Abubakar in respect of the information available to him.
