By Gabriel Enogholase
BENIN—AN Edo State High Court has struck out a suit by the National Chairman of All Progressives Congress, APC, Mr  Adams Oshiomhole, against the Edo State chapter of Peoples Democratic Party, PDP and a national newspaper, for lack of diligent prosecution.

Oshiomhole

Trial judge,  Justice A. N. Ehigiamusoe, in her judgment, said the  former Edo State governor who demanded N500 million for libel, cannot keep the court waiting as he failed to appear in court on five consecutive occasions.

Oshiomhole had alleged that an advert by the newspaper on December 21, 2011, titled “Oshiomhole’s Tales By Moonlight” by Orbih, the Edo State Chairman of the PDP,  published defamatory words touching and concerning his person which words were false in every material respect.

Angered by the publication, the APC National Chairman went  to court to seek redress  on the ground that among other things, the publication was false.

Left with no option after writing several letters through his solicitors to the defendants demanding for a retraction and apology for the offensive advert, a request which they ignored, he decided to head to the court to seek legal redress to the tune of N500 million being damages for libel.

The trial judge frowned at a situation where the plaintiff was not forthcoming in opening his case even though she adjourned on several occasions to give him chance.

Having failed to appear in court four consecutive times, at the last hearing, the judge had warned that in line with Order 29 Rule 4 of the High Court practice that she would have no choice but to strike out the case.

The former governor also denied benefiting to the tune of several mullions of naira from Yar’Adua, insisting that no funds belonging to the masses of Katsina State was given to him.

Left with no option after writing several letterd through his solicitors to the defendants demanding for a retraction and apology for the offensive advert, a request which they ignored, he decided to head to the court to seek legal redress to the tune of N500 million being damages for libel.

Oshiomhole,  in his statement of claim averred that  he built his house at Iyamho over several years commencing from about 1994 during his time in the Nigerian Labour Cingredd(NLC) just as  the defendants in their joint statement of defence, noted that the APC National Chairman did a major restructuring of his country home by adding a new wing of massive proportion.

The defendants contended that the country home did not contain a swimming pool but that an Olympic size swimming pool was added to it, adding that in the process of renovation of the edifice, artificial lakes, ponds and bridges over a land that has no river in order to create an illusion of grandeur was built around the house.

The trial judge frowned at a situation where the plaintiff was not forthcoming in opening his case even though she adjourned severally to give him chance.

Having failed to appear in court for four consecutive times at the last hearing, the judge had warned that in line with Order 29 Rule 4 of the High Court practice that she will have no choice but to strike out the case.