An Abuja High Court on Tuesday dismissed the N5b defamation suit former Governor Bukola Saraki instituted against the Kwara ACN governorship candidate in the 2011 poll, Mohammed Dele Belgore SAN.

Justice Abubakar Umar threw out the case following what he called repeated failure of the plaintiff counsel to appear to argue his case, much less present any evidence to prove the allegations of defamation Saraki brought against Belgore.

Again, Saraki's counsel Festus Keyamo was not at the court on Tuesday but sent in a letter complaining of ill-health and requesting another adjournment, which the court flatly rejected and dismissed the suit instead.

The ruling followed a request by the defence counsel, Babajide Ogundipe, to have the matter dismissed pursuant to Order 35 Rule 4 of the High Court of the Federal Capital Territory Abuja (Civil Procedure Rules 2004).

Ogundipe further urged the Court to assess cost against the plaintiff in the sum of N2 million, in order to "teach the plaintiff a lesson not to treat the court like a joke."

Justice Umar, in a ruling delivered on the submission of counsel to the defence, recalled that the matter came up for the first time on the 28th of March 2012 for trial but could not proceed to trial due to the unavailability of the plaintiff witness and had since suffered three adjournments for one reason or another and that when it last came up on the 17th July for trial, the matter could also not proceed to trial at the instance of the plaintiff.

"Today again the plaintiff counsel wrote a letter which was received by the court at 11.00am seeking adjournment on the ground of ill health though no documentary evidence to back same up. However, the court will not allow the antics of ill-health to secure and adjournment as the plaintiff has shown lack of seriousness to prove their case," Justice Umar said.

The court thus struck out the case for default of appearance by the plaintiff. No cost was awarded to the defence in the spirit of having the matter resolved amicably between the parties.

Citing an interview in the THISDAY of July 16 captioned "An end to politics of money", Saraki had accused Belgore of making "very damaging, disparaging and invidious statements concerning (him) through innuendoes and direct language," allegations the senior advocate said were untrue.