The Federal High Court sitting in Abuja on Thursday refused an ex-parte motion seeking a restraining order against the Nigeria Police Force (NPF) and the Attorney General of the Federation (AGF) from arresting and extraditing the suspended Deputy Commissioner of Police (DCP) Abba Kyari.
In the suit marked: FHC/ABJ/CS/854/2021, the plaintiff is questioning the propriety of the alleged threat to arrest and extradite Kyari in relation to his indictment by the Federal Bureau of Investigation (FBI) in the United States.
Meantime, the Police Service Commission (PSC) has since suspended Abba Kyari from office and as head of the Intelligence Response Team (IRT).
In his ruling, Justice Ahmed Mohammed, said he was not inclined to granting the relief sought in the ex-parte motion.
Rather, the jurist ordered that the ex-parte motion should be converted to a motion on notice and served same, along with the originating processes, on the respondents – the NPF and AGF.
The motion ex-parte was filed by a group, the Incorporated Trustees of the Northern Peace Foundation through an Abuja- based lawyer, Kayode Ajulo.
Ajulo, while moving the motion on Thursday, said his client has also filed originating processes in relation to substantive suit.
His suspension followed the recommendation of Inspector General of Police (IGP), Usman Baba, as a temporary measure while the police investigate Kyari’s relationship with suspected fraudster, Ramon Abbas, also known as Hushpuppi.
Kyari was indicted by a U.S. court as a conspirator in a $1.1 million fraudulent deal against a Qatari businessman.
According to a statement by the PSC, the suspension took effect on Saturday, July 31, the day the IGP wrote to the commission, and will continue until the conclusion of the investigation.
Part of the statement reads: “The Commission has also directed the Inspector General of Police to furnish it with information on further development on the matter for necessary further action.
“The Commission’s decision which was conveyed in a letter with reference, PSC/POL/D/153/vol/V/138 to the Inspector General of Police today, Sunday, August 1st, 2021, was signed by Hon. Justice Clara Bata Ogunbiyi, a retired Justice of the Supreme Court and Honourable Commissioner 1 in the Commission for the Commission’s Chairman, Alhaji Musiliu Smith, a retired Inspector General of Police who is currently on leave.”