Justice Ahmed Mohammed of the Federal High Court in Abuja on Thursday refused to grant an ex parte application seeking an order to stop the ongoing move to arrest and extradite DCP Abba Kyari to the United States for trial.
Instead, Mohammed directed that the defendants in the suit be put on notice.
The Federal Bureau of Intelligence, FBI, is seeking Kyari’s extradition to face criminal charges over his connection with a self-confessed internet fraudster, Ramon Abbas a.k.a. Hushpuppi.
However, the judge directed in his ruling that the defendants, after being served with the court processes, should appear in court on September 9, to show cause for why the reliefs sought by the plaintiffs in their motion should not be granted.
The plaintiffs, who filed the suit, are the Incorporated Trustees of Northern Peace Foundation, while the defendants are the Nigerian Police Force and the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami.
Earlier, before the judge’s ruling, the plaintiffs’ lawyer, Dr. Olukayode Ajulo, had while arguing the ex parte motion on Thursday, urged the court to grant an order of interim injunction restraining the defendants from extraditing Abba Kyari, pending the hearing and determination of their substantial suit.
The ex-parte application was supported with a 21- paragraphed affidavit of urgency.
After listening to the plaintiffs’ counsel, Justice Mohammed directed that the processes be served on the defendants and adjourned till September 9 to enable the defendants to show cause why the plaintiffs’ ex parte prayers should not be granted.