El-Rufai has dropped the case against an Abuja magistrate in the ₦1bn rights suit.
Glamtush reports that a former governor of Kaduna State, Nasir El-Rufai, has withdrawn his fundamental rights enforcement suit against a chief magistrate at the FCT Magistrate’s Court in the ₦1 billion case.
Counsel to the former governor, Ugochukwu Nnakwu, informed Justice Joyce Abdulmalik of the Federal High Court, Abuja, shortly after the case was called to hear his motion ex parte.
The withdrawal followed Justice Abdulmalik’s observation when the matter was heard.
The judge picked holes in the suit for failure to specify the magistrate who was sued as 2nd defendant.
Nnakwu then sought an adjournment to properly identify the name of the magistrate being sued.
At the day’s proceedings, Nnakwu informed the court that the matter was scheduled for the hearing of their motion ex parte for substituted service of all court documents on the 2nd defendant (magistrate).
He, however, said that a motion to withdraw the suit against the 2nd defendant had been filed.
“We urge my lord to strike out the name of the 2nd defendant as a party in this suit,” the lawyer prayed.
He equally asked the court to strike out their earlier motion ex parte before the court.
Counsel to the police force, Ezekiel Rimamsomte, Maimuna Shiru, who represented the Attorney-General of the Federation (AGF), and Abdul Mohammed (SAN), counsel for Independent Corrupt Practices and Other Related Offences Commission (ICPC), did not oppose the application.
In a short ruling, Justice Abdulmalik struck out the magistrate’s name from the suit and also struck out the motion ex parte.
Nnakwu then sought an adjournment to enable him amend the suit.
Counsel for the ICPC, however, Mohammed disagreed with the lawyer’s request to amend the suit.
Mohammed, who called the attention of the court to reliefs one, two, and three in the former governor’s suit, said the prayers complained about the magistrate’s search warrant issued to the investigating agency.
According to the senior lawyer, having struck out the name of the 2nd defendant means there is no case before this court.
Responding, the judge told Mohammed to be patient and allow the plaintiff to handle his case the way he wanted.
Justice Abdulmalik consequently adjourned the matter until June 17 at the instance of Nnakwu to enable him to file an amended process.
The former governor is demanding ₦1 billion in damages against ICPC, the chief magistrate at the Magistrate’s Court of the FCT, Abuja; IGP and the AGF, named as the 1st to 4th respondents, respectively.
