The absence of Justice Donatus Okorowo of the Federal High Court sitting in Abuja on Thursday stalled 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 Okorowo had in November last year fixed Thursday to commence the hearing of the suit filed by the Incorporated Trustees of Northern Peace Foundation against the Police and AGF.
Hearing in the matter, slated to start at 12 noon of Thursday could not hold, owing to the absence of the trial judge and a court official consequently announced April 4, 2022, as the new date for the hearing of the suit.
When the matter came up at the November 2021 proceedings, neither the plaintiff nor the two respondents’ counsel was in court, a situation that prompted the judge to adjourn till Thursday for a hearing.
The judge said, since the matter came up 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.
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The foundation had through its lawyer, Dr Olukayode Ajulo, on August 19, 2021, 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 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.
Instead, Justice Mohammed ordered the counsel to turn the ex-parte motion to motion on notice and serve same on Police and AGF and 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 Hushpuppi.
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