The Federal High Court in Abuja, yesterday, refused to grant an ex parte application to restrain the Nigeria Police Force (NPF) 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 legal team led by Dr. Olukayode Ajulo, had, through an ex parte application, prayed the judge to grant the temporary order of injunction against the two defendants pending the hearing and final determination of the substantive suit.
The application dated August 9 was accompanied by a 21-paragraph affidavit of urgency. However, after carefully listening to the counsel, Justice Mohammed refused to grant the request to stop Kyari’s arrest and extradition through ex parte means.
Rather, he ordered the counsel to turn the ex parte motion to motion on notice and serve same on NPF and AGF.
The judge also directed the applicant to serve all court processes in respect of the case on the two respondents and fixed September 9 for mention of the case.
However, the Police Service Commission (PSC) has set up an in-house panel to study, in detail, documents related to the suspended DCP, a former head of the Intelligence Response Team (IRT) of NPF indicted by a report of the Federal Bureau of Investigation (FBI).
According to PSC spokesman, Ikechukwu Ani, the panel is expected to examine the allegations as contained in the FBI indictment and to look at the extant rules as a means of keeping abreast of the matter pending the submission of the report by the Police Investigative Panel (PIP).
The panel headed by the Director, Department of Police Discipline, Tijani Mohammed, has as its terms of reference: to gather and document relevant information on Kyari in view of his disciplinary matter and to analyse the information gathered and make appropriate recommendation/s to the commission.
“The panel, inaugurated by the Permanent Secretary/Secretary to the Commission, Abubakar Ismaila, has started work, while PSC awaits the report of the DIG Joseph Egbunike investigative panel on the matter.
“The report of the in-house panel is expected to assist the commission take an informed decision when the PIP report is submitted for the commission’s consideration,” Ani said.
