The hearing of a suit attempting to prevent the Nigeria Police Force and the Attorney-General of the Federation from detaining and extraditing a suspended Deputy Commissioner of Police, Abba Kyari, was set for February 10 in Abuja.
After the plaintiff, the Incorporated Trustees of the Northern Peace Foundation, and the two defendants, the NPF and the AGF, failed to appear in court, Justice Donatus Okorowo set the date.
Despite the fact that the case was set to be heard by a new judge, Justice Okorowo, none of the parties showed up in court and were not represented by lawyers.
The judge inquired through the court registrar who the plaintiff was and was told Kayode Ajulo shortly after the suit was summoned and no counsel notified appearance for the applicant and the respondents.
The respondents had not been served since the case was transferred to his court, according to the judge, because there was no documentation of service in the court records.
He believes the petitioner has either lost interest in the subject or has abandoned it.
However, because this was the first time the matter had come before him, Justice Okorowo said he would prefer to allow the applicant till February 10 to appear in court and prosecute the case.
He, therefore, ordered that a hearing notice be served on the applicant.
The ITNPF had through its team of lawyers, led by Ajulo, on August 19, 2021 argued an ex parte application asking the court to stop any planned arrest or extradition of Kyari to the United States of America by the defendants pending the hearing and final determination of the substantive suit.
However, Justice Ahmed Mohammed, who was managing the case at the time, refused to grant the motion to stop Kyari’s detention and extradition through ex parte measures after carefully listening to the lawyer.
The US Federal Bureau of Investigations indicted Kyari in an alleged multi-million naira fraud allegedly carried out by a Nigerian citizen, Ramon Olorunwa Abbas, also known as Hushpuppi.