The High Court of Lagos state, Ikeja, has 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’s decision followed the applicants’ repeated absence from proceedings and their failure to respond to processes filed by the sixth respondent/applicant, who had sought to nullify the service of court papers on the fifth and seventh respondents.

Counsel for the sixth respondent/applicant, Deji Fasusi, told the court that the applicants had consistently failed to appear or take any steps to prosecute their case. He urged the court to strike out the suit for lack of diligent prosecution, adding that fundamental rights cases require prompt and active pursuit.

In its ruling Wednesday, the court upheld Fasusi’s argument, struck out the suit in its entirety, and awarded costs of ₦50,000 against the Incorporated Trustees of Magodo Residents Association.

The sixth respondent/applicant, through a Motion on Notice brought pursuant to Order 5 Rule 9 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, had asked the court to set aside the substituted service granted on April 20, 2022. The service had involved pasting court processes at No. 1, Mutairu Street, Shangisha, the residence of the sixth respondent, which he argued was improperly used as the “last known address” of the fifth and seventh respondents.