The suit seeking to stop the Nigerian Police (NPF) and the Attorney- General of the Federation (AGF) from arresting and extraditing the suspended Deputy Commissioner of Police (DCP), Abba Kyari was yesterday stalled before a Federal High Court sitting in Abuja. The suit could not go as scheduled due to the absence of both counsels to the plaintiff and respondents. The Incorporated Trustees of Northern Peace Foundation had, on August 9, 2021, filed the suit marked FHC/ ABJ/CS/854/2021, praying the court to grant a temporary order of injunction against the police and AGF, pending the hearing and final determination of the substantive suit.
But, when the matter was called yesterday, none of the parties’ lawyers was in court. Trial judge, Justice Donatus Okorowo, however, noted that though the case was filed on August 9, 2021, none of the respondents had been served from available court records. He also noted that neither the applicant’s counsel nor the defence lawyer was in court.
“It is either the applicant has lost interest in the case or the case is abandoned,” he said. The court later adjourned the matter till February 10, and ordered that hearing notices be issued on the parties. The matter had earlier come up on August 9, 2021 before Justice A R Mohammed, but was later re-assigned to Jus-tice Okorowo. At the last adjourned date, Justice Mohammed refused to grant an ex-parte application brought by counsel to the plaintiff, Dr Kayode Ajulo, seeking to restrain the respondents from arresting and extraditing Kyari. Ajulo had prayed the court to grant the temporary order of injunction against the two defendants, pending the hearing and final determination of the substantive suit. The ex-parte application was accomplished with a 21-paragraph affidavit of urgency. But after carefully listening to the plaintiff ’s counsel, the court declined to grant the request to stop Kyari’s arrest and extradition through ex-parte means. Rather, the judge ordered the counsel to turn the ex-parte motion to motion on notice and serve same on the police and the AGF. The judge 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 United States’ Federal Bureau of Investigation (FBI) in an alleged multimillion naira advance fee fraud said to have been perpetrated by a Nigerian citizen, Ramon Olorunwa Abbas, popularly known as Hushpuppi.
