A Federal High Court in Abuja on Thursday evening refused to grant an ex-parte application seeking to restrain the Nigeria Police and the Attorney General of the Federation (AGF) from arresting and extraditing suspended Deputy Commissioner of Police Abba Kyari.
Justice Ahmed Ramat Mohammed rejected the application filed by the Incorporated Trustees of Northern Peace Foundation.
The Foundation, through its team of lawyers led by Dr Olukayode Ajulo, had argued an ex-parte application before the judge praying him to grant the temporary order of injunction against the two defendants pending the hearing and final determination of the substantive suit.
The ex-parte application dated August 9 was accomplished with a 21 paragraph affidavit of urgency.
However, after carefully listening to the lawyer, Justice Mohammed refused to grant the request to stop Abba Kyari’s arrest and extradition through ex-parte means.
Rather, Justice Mohammed ordered the counsel to turn the ex-parte motion to motion on notice and serve same on the police and AGF.
The judge also directed the applicant to serve all court processes in respect of the case on the two respondents.
He subsequently fixed September 9 for mention of the case.
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 Abbass popularly known as Hushpuppi.