COURT STRIKES OUT MAGODO RESIDENTS’ FUNDAMENTAL RIGHTS SUIT FOR LACK OF DILIGENT PROSECUTION

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By Aishat Momoh. O.

Justice Azeez Fimisola of the Lagos State High Court, Ikeja, on Tuesday struck out a fundamental rights enforcement suit filed by the Incorporated Trustees of Magodo Residents Association against the Attorney-General of the Federation, the Inspector-General of Police, the Lagos State Commissioner of Police, CSP Abimbola Oyewole, Chief Adebayo Adeyiga, Chief Yusuf Ogundare and Owokoniran Adeyiga.

The court dismissed the case following the persistent absence of the applicants and their failure to respond to court processes filed by the sixth respondent/applicant, who had sought to set aside the service of court papers on the fifth and seventh respondents.

During proceedings, counsel for the sixth respondent/applicant, Deji Fasusi, informed the court that the applicants had shown no intention to pursue the matter, despite several adjournments. He urged the court to strike out the case for want of diligent prosecution, noting that fundamental rights matters are meant to be treated expeditiously.

Justice Fimisola agreed with Fasusi’s submission and subsequently struck out the suit, awarding a ₦50,000 cost against the Magodo Residents Association.

The motion before the court, filed under Order 5 Rule 9 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, sought to set aside the substituted service granted on April 20, 2022, which allowed court documents to be pasted at No. 1, Mutairu Street, Shangisha, Lagos the residence of the sixth respondent.

The sixth respondent/applicant argued that he and his family were the sole occupants of the property and had no relationship with the fifth and seventh respondents, contending that the service was obtained throughmisrepresentation of material facts.

He maintained that the property was exclusively his family home, and therefore, could not be considered the last known address of the other respondents.

With the court’s decision, the long-running fundamental rights suit by the Magodo Residents Association has now been formally struck out.