An Ikeja, Lagos State High Court on Tuesday struck out the application of an oil marketer, Oluwaseun Ogunbambo, seeking to quash the fuel subsidy fraud charge preferred against him and three others.
Justice Adeniyi Onigbanjo dismissed the application for what he called lack of diligent prosecution.
The Economic and Financial Crimes Commission arraigned Ogunbambo over alleged N4.4 billion fuel subsidy scam.
Also charged with him are Mamman Ali, son of Dr Ahmadu Ali, a former Chairman of the Peoples Democratic Party; Christian Taylor; and their firm, Nassaman Oil Services.
Ogunbambo and his lawyer were absent in court at the resumed hearing of the case on Tuesday.
But other defendants and their lawyer, Toyin Pinheiro (SAN), were present in court.
Following the development, the judge struck out the application dated June 21 for lack of diligent prosecution.
He adjourned the case to October 23 for continuation of trial.
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