April 04, (THEWILL) – The Abuja Division of the Federal High Court, on Monday, deferred hearing on a suit seeking to stop the Federal Government from extraditing the suspended Deputy Commissioner of Police, DCP Abba Kyari, to the United States of America, USA, for trial.
Cited as Defendants in the suit marked: FHC/ABJ/CS/854/2021, are the Nigeria Police Force, NPF, and the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN.
Justice Donatus Okorowo adjourned the matter to June 14, following the absence of all the parties in court on Monday.
When the suit was called up for hearing, neither the Applicant nor the Respondents were in court.
There was no legal representation for any of the parties.
Consequently, Justice Okorowo, who had earlier threatened to strike out the case for want of diligent prosecution, said he was minded to grant one more adjournment.
He ordered the service of hearing notice on all the parties.
DCP Kyari, who is currently facing trial for his alleged involvement in drug trafficking, was earlier indicted by the Federal Bureau of Investigation (FBI), in the multi-million naira advanced fee fraud said to have been perpetrated by a notorious internet fraudster, Ramon Abbas, popularly known as Hushpuppi.
Police had earlier constituted a panel to probe Kyari, who was promptly suspended from his position as head of its Intelligence Response Team (IRT).
However, a group, under the aegis of the Incorporated Trustees of Northern Peace Foundation, 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 U.S.
The court had on August 19, declined an ex-parte motion the group filed for an order of interim injunction to be issued against the Respondents.
Rather, in a ruling that was delivered by Justice Ahmed Mohammed, who previously handled the matter, the court, ordered the Applicant, through its lawyer, Dr 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 the substantive suit.
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