Justice Peter Lifu of the Federal High Court in Lagos has struck out the Federal Government’s suit seeking to recover and forfeit the sum of N70 trillion it alleged was stashed in 29 bank accounts by looters. The judge noted that both the Federal Government’s lawyers and the private counsel later appointed by the government failed to prosecute the case diligently.
The plaintiffs in the suit, marked FHC/L/CS/968/2021, are the Federal Government of Nigeria and the Attorney‑General of the Federation/Minister of Justice. The defendants include 17 commercial banks, Nigerian Agip Oil Company Ltd, and the Nigerian National Petroleum Corporation. In August 2021, the Federal Government obtained an interim order from Justice Tijani Ringim for the forfeiture of the N70 trillion. The case was subsequently transferred to Justice Lifu, who in 2022 vacated the interim order after the government failed to meet its terms.
Delivering judgment on the substantive suit on Tuesday, Justice Lifu observed that since the vacation of the interim order, the case had been plagued by “various excuses” and repeated applications for adjournment by the plaintiffs’ counsel, Mohammed Ndarani (SAN). He pointed out that the plaintiffs have effectively abandoned the case, having been absent from court since 9 December 2021. Moreover, the chambers of Femi Falana, which had filed a Notice of Change of Counsel on the last adjourned date, withdrew its appearance on the day of judgment.
The judge remarked that the government’s lawyers, from Ndarani to Falana, had “suddenly developed cold feet” over this alleged public‑interest case. With the originating process filed by Ndarani no longer extant—since the ex parte order was set aside on 27 May 2022—there was nothing left for the court to adjudicate. Consequently, the applications of the learned counsel for NNPC, M. T. Danzaki, and Access Bank Plc, I. S. Etefia, were granted. The case was struck out for want of diligent prosecution, and no order as to costs was made.
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