The Supreme Court has struck out an appeal filed by the Economic and Financial Crimes Commission (EFCC) against former governor of Delta State, James Ibori.
While striking out the appeal, the presiding Judge, Justice Mahmud Mohammed said that the appeal has turned into an academic exercise.
The apex court noted that matters that border on the discretion by the Chief Judge of the Federal High Court in assignment of cases cannot be appealed.
Chief Godwin Obla, who announced appearance for the EFCC had earlier announced that he was withdrawing the appeal on behalf of the commission.
Former President of the Nigerian Bar Association (NBA) Joseph Daudu (SAN), who announced his appearance for Ibori did not object to the application.
The EFCC had gone to the Supreme Court in Abuja to challenge the decision of the Court of Appeal, Kaduna which held that Ibori should be tried in Asaba over the 107 count of money laundering and not in Kaduna.
Mr Ibori is currently imprisoned in the United Kingdom for money laundering.