Federal High Court in Abuja on Wednesday fixed February 10 for the hearing.
Justice Donatus Okorowo fixed the hearing date following the absence of the plaintiff, the Incorporated Trustees of Northern Peace Foundation and the two defendants, Police and AGF in court.
Although the suit was slated for mention before a new Judge, Justice Donatus Okorowo, none of the parties showed up in the court and were also not represented by legal practitioners.
Shortly after the suit was called and no lawyer announced an appearance for either the applicant or the respondents, Justice Okorowo inquired from the court registrar who the plaintiff is and was told Barrister Kayode Ajulo.
The Judge noted that since the case was transferred to his court, none of the respondents has been served as there is no proof of service in the court records adding that it is either the applicant has lost interest in the matter or has abandoned it.
Justice Okorowo, however, said since the matter is coming 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.
He consequently ordered that a hearing notice be served on the applicant.
The Foundation had through its team of lawyers led by Dr Olukayode Ajulo on August 19 last year 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 Ramat 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.
Rather, Justice Mohammed had ordered the Counsel to turn the ex-parte motion to motion on notice and serve same on Police and AGF.
The Judge had 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 Hussipuppi.
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