The Federal High Court in Abuja has threatened to dismiss a lawsuit filed against Senator Iyabo Obasanjo and others over a land dispute in the Asokoro District of the Federal Capital Territory (FCT) due to the plaintiffs’ failure to diligently prosecute the case. Justice Inyang Ekwo issued the warning on Thursday after the plaintiffs, ABB Electrical Systems Limited and Amb. Yohana Margif, along with their legal representative, failed to appear in court.
The plaintiffs had initiated the suit against Obasanjo, former FCT Senator Philip Aduda, and five others, alleging an attempt to unlawfully take possession of Plot 4254, Cadastral Zone A04, measuring approximately 1.67 hectares. During the hearing, only the counsel to the 4th defendant, John Mbata, was present. Mbata informed the court that he had not been officially served with court documents but was aware of the case through online sources.
Justice Ekwo granted the plaintiffs one final opportunity to appear in court and prosecute their case, warning that failure to do so at the next hearing on March 15 would result in the matter being struck out.
The plaintiffs had earlier sought an interim injunction to prevent the defendants from altering or trespassing on the land, citing imminent threats to their ownership. However, the court denied the ex-parte motion, insisting that the defendants must be heard before such an order could be granted.
In an affidavit, Amb. Yohana Margif claimed that the land was legally allocated to ABB Electrical Systems Limited in 2006 and that recent activities by the defendants posed a serious threat to their ownership.
The case has been adjourned to March 15 for further mention.
DAILY MENTOR reports that the court’s warning underscores the importance of diligent prosecution in legal proceedings. The plaintiffs’ failure to appear in court risks the dismissal of their case, which could have significant implications for the resolution of the land dispute.
The outcome of the next hearing will determine whether the case proceeds or is struck out, highlighting the critical role of adherence to court procedures in the pursuit of justice.