The Federal High Court, Abuja, on Tuesday, dismissed hearing in a suit record by a legitimate expert, Aura Maisamari against the Nigerian Investment Promotion Commission (NIPC) until Jan. 27, 2021.
Equity Ahmed Mohammed suspended the issue when Counsel to the 6the respondent, Hassan Yusuf, educated the court that Maisamari, a lawful specialist, kicked the bucket on June 18 because of a sickness.
While Maisamari, in a beginning call with suit number: FHC/ABJ/CS/249/2019 was the offended party, chief secretary of NIPC; Ms Yewande Sadiku; Babangida Nguroje, executive, Governing Council of NIPC, are first to third respondents separately.
The plaintiff had asked the court to determine whether the decision of the 1st defendant to deny him the information required by him in his letter dated Feb. 18, 2019, on information regarding the remuneration package purportedly approved by the Governing Council of the NIPC to draw funds from the Federation Account due to the commission as foreign leave allowance for the executive secretary, spouse and four children for 28 days and flight tickets for the family of six guaranteed unto him (plaintiff) was not a breach of Section 1 of the Freedom of Information Act, 2011, among other prayers.
When the matter was called on Tuesday, the plaintiff was not in court and there was no lawyer representing him either.
Hassan Yusuf, counsel to the 6th defendant (Mr Ali Sani, member, Governing Council), however, told the court that he received the shocking news that the plaintiff (Maisamari) had passed on.
“It was a very sad incident. He died on June 18. He was ill briefly for about a week,” he said.
Yusuf said though the nature of the suit was a personal one, he urged the court to strike out the matter in the interest of the parties.
He said the 1st and 7th defendants had even filed a motion that the court should strike out the matter since Maisamari was dead.
According to him, the 1st defendant motion is dated Sept. 4.
Tunde Adejuwon, who was counsel to 3rd, 5th, 8th,12th and 13th defendants, corroborated Yusuf’s statement and asked the court to strike out the case.
He said however he got a notification of deferment from the first litigant, he left all to the court’s prudence.
Adejuwon, in any case, contended that a staff in the law office of the perished ought to have been in the better situation to advise the court about Maisamari’s demise.
On his part, Benjamin Enemaku, attorney to the seventh (Governor, Central Bank of Nigeria and individual from overseeing board), said “all together not to burn through the hour of the court, we feel the issue should be struck out.”
Equity Mohammed, in his decision, said the court was of the view that meeting notice be given on the law office of Maisamari “to learn whether he is dead.”
The adjudicator, who deferred the issue until Jan. 27, 2021, said that consultation sees be given on different litigants who were not spoken to in court.