A Federal High Court in Abuja on Wednesday fixed February 10
for the hearing of a suit seeking to stop the Nigeria Police and the Attorney
General of the Federation AGF from arresting and extraditing suspended Deputy
Commissioner of Police DCP Abba Kyari.
Justice Donatus Okorowo fixed the hearing date following the
absence of the plaintiff, the Incorporated Trustees of Northern Peace
Foundation and the two defendants, Police and AGF in court.
Although the suit was slated for mention before a new Judge,
Justice Donatus Okorowo, none of the parties showed up in the court and were
also not represented by legal practitioners.
Shortly after the suit was called and no lawyer announced an
appearance for either the applicant or the respondents, Justice Okorowo
inquired from the court registrar who the plaintiff is and was told Barrister
Kayode Ajulo.
The Judge noted that since the case was transferred to his
court, none of the respondents has been served as there is no proof of service
in the court records adding that it is either the applicant has lost interest
in the matter or has abandoned it.
Justice Okorowo, however, said since the matter is coming
for the first time before his court, he would prefer to give the applicant till
February 10 to be in court for prosecution of the suit.
He consequently ordered that a hearing notice be served on the
applicant.
The Foundation had through its team of lawyers led by Dr
Olukayode Ajulo on August 19 last year argued an ex-parte application before
the court praying it to stop any planned arrest or extradition of DCP Abba
Kyari to America by the two defendants pending the hearing and final
determination of the substantive suit.
However, after carefully listening to the lawyer. Justice
Ahmed Ramat Mohammed who was handling the suit at the time refused to grant the
request to stop Abba Kyari’s arrest and extradition through ex-parte means.
Rather, Justice Mohammed had ordered the Counsel to turn the
ex-parte motion to motion on notice and serve same on Police and AGF.
The Judge had also directed the applicant to serve all court
processes in respect of the case on the two respondents.
DCP Abba Kyari was allegedly indicted by the Federal Bureau
of Investigation (FBI) in an alleged multi-million naira advanced fee fraud
said to have been perpetrated by a Nigerian citizen, Ramon Olorunwa Abbas
popularly known as Hussipuppi.
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