The Attorney-General of the Federation, Abubakar Malami (SAN) has asked the Abia State High Court to give it and other six respondents an extension of time to defend the lawsuit filed by Mazi Nnamdi Kanu.
Naija News reports that Aloy Ejimakor filed the suit on behalf of the leader of the Indigenous People of Biafra (IPOB).
In a court document obtained by SaharaReporters on Wednesday, the Respondents were served on 10th September, 2021.
This indicated that they had five days, which has since expired, from the date of service to reply to the suit in accordance with the Fundamental Rights Enforcements Procedure Rules.
However, Ejimakor is opposing the application for extension of time which was filed on 6th October.
A perusal of the Application by the federal government and the AGF revealed that they pleaded for the discretion of the court to accept their defence despite their lateness.
The Court document partly read, “The Respondents will be heard praying this Honourable Court for the following orders.
“An order for an extension of time within the 1st and 2nd Respondents can file and serve his Counter-Affidavit and other processes in this suit out of time.
“An order deeming the said filed processes as having been duly filed and served.”
In his reply, Barrister Ejimakor opposed the application, citing statutory and judicial authorities that disallowed inordinate delays in hearing cases of this nature, especially as he said that his Client, Kanu is in detention.
Recall that Nnamdi Kanu’s lawyer, Aloy Ejimakor, had filed an ex parte motion asking the court to make an interim order of the release of Kanu to attend to his health in any medical facility of his choice in Nigeria, pending the hearing of the motion, amongst other things.
He demanded an apology from the federal government and ₦5 billion damages for the violation of his fundamental rights.