Justice Inyang Ekwo of the Federal High Court, Abuja has dismissed a suit filed by a human rights activist to compel the Code of Conduct Bureau (CCB) to investigate and prosecute Peter Obi, the 2023 presidential candidate of the Labour Party (LP), over allegations bordering on asset declaration breach.
Justice Ekwo threw out the suit for lack of diligent prosecution.
Olukoya Ogungbeje, 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, 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 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 the former Anambra State Governor failed to declare his offshore holdings and associated assets.
Besides, he alleged 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 amounted 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.”
According to NAN, 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 called yesterday, neither the applicant nor his lawyer was in court, and Justice Ekwo consequently dismissed the suit.
