By Tony Okafor, Awka
Human rights activist, Comrade Osita Obi, has secured a major legal victory after a Federal High Court sitting in Awka struck out a N100 million lawsuit filed against him by the Enugu Electricity Distribution Company (EEDC).
The electricity distribution company had dragged Obi to court over his alleged role in protests against poor electricity supply and persistent power outages in Anambra State in 2019, seeking N100 million in damages.
However, in a dramatic turn of events, the case collapsed when EEDC and its counsel failed to appear in court for the continuation of hearing.
The matter, heard before Hon. Justice Bala Khalifa-Mohammed Usman of the Federal High Court, Awka, was struck out for lack of diligent prosecution.
Counsel to Obi, Barr. Martin Obi, urged the court to dismiss the suit and award N1 million in costs against EEDC, arguing that the company had shown no seriousness in pursuing the case.
to him, the lawsuit had lingered since 2019 and passed through several jurisdictions, including Abuja, Enugu and Awka, causing the defendant considerable expenses and inconvenience.
He further submitted that the repeated absence of EEDC and its counsel demonstrated a lack of interest in prosecuting the matter.
Delivering his ruling in Suit No. FHC/AWK/CS/07/2020, Justice Bala Khalifa-Mohammed Usman held that the case could no longer be sustained due to the applicant’s failure to diligently prosecute it and accordingly struck it out.
The judge, however, declined the defendant’s request for an award of N1 million in costs against the applicant.
The ruling effectively brings to an end the long-running legal battle between EEDC and the activist over the controversial electricity protests
