Efforts by the suspended DCP Abba Kyari to halt being arrested and extradited in connection with the alleged multi-million naira cyber fraud levelled against him by the Federal Bureau of Investigation (FBI), US has suffered another setback.
Recall that Justice Ahmed Mohammed had, on August 19, 2021, refused to grant an ex-parte application brought by counsel to a group, Olukayode Ajulo, seeking to restrain the respondents from arresting and extraditing Kyari.
Ajulo had urged Justice Mohammed to grant the temporary order of injunction against the two defendants pending the hearing and final determination of the substantive suit.
On Wednesday, a suit seeking to stop the Nigerian Police and the Attorney-General of the Federation (AGF) from arresting and extraditing Kyari was stalled.
The suit, marked FHC/ABJ/CS/854/2021, could not proceed before Justice Donatus Okorowo due to the absence of counsel to the plaintiff and the respondents.
An Incorporated Trustees of Northern Peace Foundation had, on August 9, 2021, filed the suit, 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.
When the matter was called, none of the parties’ lawyers was in court.
Justice Okorowo noted that though the case was filed on August 9, 2021, none of the respondents had been served from the available court record.
According to the judge, there is no proof of service from the court record.
He also noted that neither the applicant counsel nor the defence lawyer was in court.
“It is either the applicant has lost interest in the case or the case is abandoned,” the jurist said.
Consequently, Justice Okorowo adjourned the matter until February 10, directing that hearing notices be issued on the parties.
The matter, which was reassigned to Justice Okorowo, came up for the first time today.
The ex-parte application was accomplished with a 21 paragraph affidavit of urgency.
But after carefully listened to the lawyer, Mohammed refused 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 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 Abbass, popularly known as Hushpuppi.