The Court of Appeal has struck out a motion seeking to stop a Federal High Court in Abuja from further hearing the ownership tussle of the $15million said to have been offered as bribe by former Delta State Governor, James Ibori.
The motion was struck out by Justice Amiru Sanusi for being defective and incompetent.
A Lagos based litigant, Olalekan Bayode had brought a motion to the appellate court seeking to stop Justice Gabriel Kolawole from the legal action on the money said to have been offered to former EFCC boss, Nuhu Ribadu as bribe to compromise in the probe of James Ibori.
Olalekan Bayode had earlier at the High Court applied to be appointed as manager of the $15million to be used for widows and orphans.
Justice Kolawole on November 23, 2012 dismissed the application on the grounds that it was baseless, frivolous and that the said Olalekan didn’t show sufficient reason why the said money should be released to him.
Not satisfied, Olalekan went to the Appeal Court to appeal against the ruling of the High Court.
By striking out the motion seeking to stop the court from further hearing the case, the coast is clear for the proceeding at the High Court to continue and Olalekan Bayode can appeal his case.
The motion was filed on behalf of Olalekan by John Olufemi Aina, a UK based practitioner.