The non-service of the application by the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, on the suspended Deputy Commissioner of Police (DCP), Abba Kyari, on Wednesday stalled hearing in the extradition proceedings against the disgraced officer.
The government had sought Kyari’s extradition to the US to answer a case over his link with Instagram celebrity Ramon Abbas, aka Hushpuppi.
On Wednesday, Nureni Jimoh, counsel to the suspended police officer told Justice Inyang Ekwo of the Federal High Court in Abuja that he had yet to be served with the AGF’s processes.
Pius Akutah, counsel to the government, explained that the case was slated for today for a preliminary hearing.
“I don’t know what you mean by preliminary hearing,” the judge said, asking Jimoh if he had joined issues with the AGF.
“We have not been served, my lord,” Jimoh said.
Akutah, head of the 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 Mr 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.
Akutah, who said he had within 14 days to effect the service under the law, promised to serve Kyari’s counsel the application by Thursday.
Justice Ekwo, however, said he would give the AGF more days for the service.
In his ruling, the judge said after the defence lawyer informed him that he had not been served and the AGF counsel admitted and undertook 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 also to respond and gave seven more days for the parties to put their house in order.
The judge adjourned the matter until April 27 for a hearing.