A federal high court in Abuja on Thursday 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, DCP Abba Kyari.
Justice Ahmed 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 2021, was accomplished with a 21 paragraph affidavit of urgency.
However, after listening to the lawyer. Justice Mohammed refused to grant the request to stop Abba Kyari’s arrest and extradition through ex-parte means and ordered the counsel to turn the ex-parte motion to motion on notice and serve the same on Police and AGF.
The Judge also directed the applicant to serve all court processes in respect of the case on the two respondents and subsequently fixed September 9, 2021, to mention 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 Hussipuppi.
He is currently suspended pending the outcome of an investigation by the Police Service Commission in respect of his indictment by the Federal Bureau of Investigation of the United States.
Hushpuppi had alleged that he bribed Kyari to arrest and jail “one of his rivals in Nigeria after a dispute over a $1.1 million scam on Qatari business people”.
But Kyari, whom the US Federal Bureau of Investigation (FBI) has put an extradition request for, denied any wrongdoing. He said he never collected money from Hushpuppi.