Sen. Dino Melaye (APC-Kogi West) had in April 2017, approached the court alleging an assassination attempt on his life by Taofiq Isa and four others.
Others standing trial alongside Isa are: Ade Obege, Abdullahi Isah, Michael Bamidele and Ahmed Ajayi.
In his ruling, Justice Fola Ajayi, said his decision to strike out the case was premised on the fact that the prosecution had failed to open its case in spite of four adjournments.
Ajayi said that the failure of the prosecution left him no choice but to strike out the case in the circumstance.
He, however, gave a consequential order that the prosecution could start their case afresh whenever they were ready.
Justice Ajayi was particularly irked by the prosecution when they insisted that the case file was not available to them but with the lead counsel, ACP Lough Simon who was absent on account of the death of his father.
Ajayi said that the prosecution had presented same excuse on four previous adjournents and granted them and 45-minute stand down to enable the prosecution get the case file but failed.
Isa, Obege, Isah, Bamidele and Ajayi are standing trial for alleged conspiracy to murder the senator.
They were said to have while acting in concert and armed with guns invaded the resident of the senator on April 14, 2017 and fired guns severally at the house and rooms while Melaye, his family and security aides were in the house.
The defendants in the case No. HCL/58c/2017 between the Inspector General of Police and Alhaji Taofiq Isah and four others were arraigned on a five-count charge of conspiracy to commit culpable homicide punishable with death.
They were also alleged to have committed the offence of abetment contrary to section 83 and punishable under Section 91 of the Penal Code.
The prosecution alleged that Isah authorised, during the attack, the use of the ambulance of General Hospital, Iyara, for the operation to kill Melaye and his household.
Other offences include causing wrongful damage to the properties contrary to section 326 and punishable under section 327 of the penal code as well as possession of firearms without licence contrary to section 27(1)(a) of the Fire Arms Act CAP F28 LFN 2004.