Justice Yellim Bogoro of Federal High Court in Lagos has struck out a suit filed against a former concessionaire of the Federal Airports Authority of Nigeria (FAAN), Integrated Intelligent Imaging West Africa Limited, (iCUBE), its two directors and four banks for lack of diligent prosecution.
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Justice Bogoro also awarded a total punitive cost of N3.1 million against all the seven applicants in the suit in favour of the company and its directors, a former All Progressives Congress (APC) governorship aspirant in Ondo State, Moyosola Oladunni and Kehinde Akingbola.
The banks sued in the suit are Fidelity Bank Plc; United Bank of Africa (UBA) Plc; Polaris Bank Limited and Zenith Bank Plc.
The judge struck out the suit, after listening to an oral move by the defence counsel, Professor Joseph Abugu (SAN).
He had informed the court that neither the applicants nor their counsels have appeared in court since the suit was filed in 2021.
The plaintiffs in the suit, marked FHC/L/CS/817/2021, include Folusho Adeagbo; Bola Cole; Oluwole Tella; Jide Alufa; Wale Akomolafe; Toluwaleke Abajingin and Rotimi Aladesanmi.
The plaintiffs in a motion on Notice, filed through their counsel, Declan Kemdirim, had asked for a declaration that the Annual General Meeting of Integrated Intelligent Imaging West Africa Limited, held on April 27, 2021, was not properly and duly convened.
At the resumed hearing of the matter on Wednesday, neither the applicants nor their counsel was in court.
However, a counsel, O. N. Nwizu, informed the court that he was holding the brief for the applicants’ counsel.
Despite the objection raised by the defence counsel, Justice Bogoro granted the application.
Following the development, counsel to the defendants pleaded with the court to strike out the plaintiffs” suit, for lack of diligent prosecution, while also asking for a punitive cost against all the applicants.
Justice Bogoro in her ruling held that she is in total agreement with the submissions of the senior counsel, as the plaintiffs never come to court to prosecute their case.
The judge, therefore, struck out the suit for lack of diligent prosecution and awarded a punitive cost of N200,000, against each of the Plaintiffs in favour of the first and second defendants.
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