The Abuja Division of the Federal High Court yesterday ordered the service of fresh hearing notice in the suit seeking to stop the Nigeria Police Force and the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, from arresting and extraditing the suspended Deputy Commissioner of Police, DCP, Abba Kyari, to the United States of America, USA, for trial.
Justice Donatus Okorowo made the order after lawyers involved in the matter failed to appear in court.
When the matter was called up for hearing, no lawyer, either for the Applicant or the Respondent, was in court.
Justice Okorowo, thereafter, observed that though the suit marked FHC/ABJ/CS/854/2021, was instituted on Augustine 9, 2021, there was no proof in the court’s file that any of the Respondents (Police and the AGF), were served with the relevant processes.
“It is either the Applicant has lost interest in the case or the case is abandoned,” the judge added.
It will be recalled that DCP Kyari was indicted by the Federal Bureau of Investigation, FBI, in the multi-million naira advanced fee fraud said to have been perpetrated by a Nigerian citizen, Ramon Olorunwa Abbas, popularly known as Hussipuppi.
Police had earlier constituted a panel to probe Kyari who was promptly suspended from his position as head of its Intelligence Response Team, IRT.
A group, under the aegis of the Incorporated Trustees of Northern Peace Foundation, had in the heat of the investigation by the FBI, approached the court, praying it to halt any plan to extradite the embattled DCP to the US.
In a ruling delivered on August 19, the court declined an ex-parte motion the group filed for an order of interim injunction to be issued against the Respondents.
Rather, the court, in the ruling by Justice Ahmed Mohammed who previously handled the matter, ordered the Applicant, through its lawyer, Olukayode Ajulo, to convert the ex-parte application to a motion on notice and serve all the relevant processes on Police and the AGF.
The group had supported the ex-parte application with a 21- paragraphed affidavit of urgency.
It specifically prayed the court for a temporary order of injunction against the two Respondents, pending the hearing and determination of their substantial suit.