A lawsuit that sought to prevent the Nigerian Police and Federation Attorney General AGF from arresting and extraditing DCP Deputy Police Commissioner Abba Kyari, who was suspended, stalled on Wednesday.
The lawsuit, marked FHC / ABJ / CS / 854/2021, was unable to proceed before Judge Donatus Okorowo due to the absence of counsel for the plaintiff and the defendants.
The Nigerian News Agency reports that the Incorporated Trustees of the Northern Peace Foundation filed the lawsuit on August 9, 2021, pleading with the court to grant a temporary injunction order against the police and AGF pending the hearing and final determination. of the substantive claim.
When the matter was called, none of the parties’ attorneys was in court.
Judge Okorowo noted that although the case was filed on August 9, 2021, none of the defendants had received notice of the available court file.
According to the judge, there is no proof of delivery of the judicial file.
He also noted that neither the requesting attorney nor the defense attorney were in court.
“Either the applicant has lost interest in the case or the case is dropped,” he said.
Okorowo, who postponed the matter until February 10, ordered that hearing notices be issued to the parties.
NAN reports that the matter, which was reassigned to Judge Okorowo, first came up today.
Judge Ahmed Mohammed, on August 19, 2021, refused to grant an ex parte request submitted by the group’s lawyer, Olukayode Ajulo, which sought to prevent the defendants from arresting and extraditing Kyari.
Ajulo had urged Judge Mohammed to grant the temporary injunction order against the two defendants pending the hearing and the final determination of the substantive claim.
The ex-parte request was fulfilled with a 21-paragraph emergency affidavit.
But after listening carefully to the lawyer. Mohammed refused to grant the request to stop Kyari’s arrest and extradition by ex parte means.
Rather, the judge ordered the attorney to convert the ex-parte motion into a motion by notice and notify the police and AGF.
The judge also ordered the plaintiff to notify the two defendants of all court proceedings regarding the case.
NAN reports that DCP Abba Kyari was allegedly indicted by the Federal Bureau of Investigation, FBI, in an alleged multi-million naira advance fee fraud said to have been perpetrated by a Nigerian national, Ramon Olorunwa Abbass, popularly known as Hussipuppi.