Non-service of court papers stalls Kyari’s extradition suit.
Hearing in the extradition suit filed by the Attorney-General of the Federation (AGF) at a Federal High Court, Abuja, against suspended DCP Abba Kyari, on Wednesday, suffered a set.
The development occurred when Nureni Jimoh, SAN, who was counsel to Kyari, told Justice Inyang Ekwo shortly after the matter was called for mention that he was yet to be served with the AGF’s processes.
Earlier, Pius Akutah, counsel to the AGF informed that the case,was slated for today for preliminary hearing.
“I don’t know what you mean by preliminary hearing,” the judge said.
Justice Ekwo then asked Jimoh if he had joined issues with the AGF.
“We have not been served my lord,” hr said.
Akutah, Head of Central Authority Unit in the office of the AGF, also confirmed that the respondent (Kyari) had not been served.
He hinged the delay in serving the respondent on the sister case filed by the National Drug Law Enforcement Agency (NDLEA) against Kyari and six others on allegations bordering on drug trafficking which was ongoing before Justice Emeka Nwite.
The lawyer said the matter before Nwite had taken their time.
“For how long will you be able to serve the respondent,” the judge asked.
he said14 days my Lord and hopefully tomorrow.
Akutah, who said he had within 14 days to effect the service in accordance with the law, promised to serve Kyari’s counsel the application by tomorrow, Thursday.
Justice Ekwo, however, said he would give the AGF more days for the service and adjourn for hearing.
Ruling, the judge said that after the defence lawyer informed that he had not been served and the AGF counsel admitted and undertaking to effect the service within two days, he was inclined to give them extra days to put their house in order.
He ruled that upon service of the processes, the respondent had within 14 days to also respond and gave seven more days for the parties to put their house in order.
The judge adjourned the matter until April 27 for hearing.
The News Agency of Nigeria had, on March 9, reported that the court had fixed today, March 23, for the hearing of the extradition application.
The Federal Government had sought for Kyari’s extradition to the United States (U.S) to answer a case over his alleged linked with the fraudster, Ramon Abbas, aka Hushpuppi.
The Federal Government, through the Office of the AGF, had filed the application marked: FHC/ABJ/CS/249/2022.
The suit, titled: “Application for the Extradition of Abba Kyari to the U.S.,” was dated and filed March 2.
While the AGF is the applicant, Kyari is the respondent in the application.
Kyari was formerly the head of Inspector-General of Police special Intelligence Response Team (IRT).
News Agency of Nigeria reported that the matter, which was assigned to Justice Ekwo by the Chief Judge of FHC, Justice John Tsoho, was fixed for March 23 for hearing.
The application was filed under the Extradition Act, as part of Nigerian government’s approval of the request by the U. S. for Kyari’s extradition.