An Ogun State High Court sitting in Isabo, Abeokuta on Thursday struck out the application Exparte filed by the Sacked National Auditor of the People’s Democratic Party (PDP), Bode Mustapha for ‘lack of diligent prosecution’.
The Presiding judge, Justice Abiodun Akinyemi struck out the motion exparte following the failure of the claimant to appear in court to argue the motion.
In his ruling, the judge said the application exparte deemed to be struck out due to the failure of the applicant and his counsel to appear in court without reason or notification.
Justice Akinyemi however adjourned the motion on notice till 28 March where the two parties would argue on the suit regarding the propriety or otherwise of Mr Mustapha’s removal.
Mr Mustapha had on Monday approached the court with the application exparte, seeking an order of the court to stop the PDP from removing him from office.
The National Working Committee (NWC) of the party had last week announced the removal of its National auditor, Bode Mustapha and the former South West Vice Chairman, Segun Oni and Dipo Odunjinrin-led State Exco believed to be loyal to ex-President Olusegun Obasanjo and subsequently replaced them.
At Thursday’s proceeding, counsel to the erstwhile National Auditor of PDP, Gboyega Oyewole did not show up when the matter was mention nor send any representation.
Consequently, the PDP counsel, Ifeoma Esom prayed the court to dismiss Mr Mustapha application.
She said the action of the claimant and his counsel was an indication that they had no interest in the case again.
“I urge this honourable court to strike out the application exparte for lack of diligent prosecution,” she said.
In his reaction to the striking out of his application, the sacked National Auditor said there was no loss.
He said “my lawyer was held up in a traffic which made him arrive the court late and when the case was called he could not argue the motion, so, it has to be struck out.
“The motion on notice has been adjourned, there is no loss. We are still going ahead, it is a test case for judiciary, no going back,” he said.