A judge of the Federal High Court, Abuja, Justice Donatus Okorowo thinks aloud on Wednesday and asked whether a suit marked FHC/ABJ/CS/854/2021 filed by suspended Deputy Commissioner of Police Abba Kyari has been abandoned.
Justice Okorowo asked the question when the matter was mentioned and neither the applicant counsel Olukayode Ajulo none any of the respondents were in court.
DCP Abba Kyari had filed the fundamental human rights suit last year at the peak of controversy surrounding his indictment by Bureau of Investigation (FBI) on alleged multi-million naira advanced fee fraud said to have been perpetrated by a Nigerian citizen, Ramon Olorunwa Abbass, popularly known as Hussipuppi.
In it DCP Kyari had asked the court to stop the Nigerian Police and the Attorney-General of the Federation (AGF) from arresting and extraditing him to the United States.
But when the matter was mentioned yesterday 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 counsel is and was told Barrister Olukayode Ajulo.
The Judge observed 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.
He said however that 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.
Consequently he ordered that a hearing notice be served on the applicant.
Recalled that Justice Ahmed Ramat Mohammed had last year after carefully listening to the lawyer refused to grant an ex-parte application to stop Abba Kyari’s arrest and extradition .
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.