Justice Ahmed Mohammed of the Abuja Division of the Federal High Court on Thursday turned down the request to stop the arrest and subsequent extradition of suspended Deputy Commissioner of Police Abba Kyari.
A United States court had recently ordered the arrest of Kyari, the Head of the IGP Intelligence Response Team.
A District Court of California had issued a warrant of arrest for Kyari over his alleged role in a $1.1 million fraud case involving notorious internet fraudster, Ramon Abbas, also known as Husppupi.
But the Incorporated Trustees of Northern Peace Foundation had approached the court for an order restraining the Police and the Attorney General of the Federation from arresting Kyari and extraditing him to the United States to face charges.
In an exparte application argued on Thursday, the foundation, through its lawyer, Dr. Olukayode Ajulo, prayed the court to halt Kyari’s extradition pending the hearing and final determination of the substantive suit.
The exparte application, dated August 9, was supported by a 21-paragraph affidavit of urgency.
However, after he carefully listened to the lawyer, Justice Mohammed refused to grant the request to stop Kyari’s arrest and extradition through exparte means.
Rather, Justice Mohammed ordered the counsel to turn the e-parte motion to motion on notice and serve same on the Police and AGF.
The Judge also directed the applicant to serve all court processes in respect of the case on the two respondents.
He subsequently fixed September 9 for mention of the case.
