Nnamdi Kanu file suit: Malami beg court for more time to file processes in Kanu’s suit~details below
Nnamdi Kanu file suit: Malami beg court for more time to file processes in Kanu’s suit~details below
Nnamdi Kanu who had filed a suit marked HIH/FR14/2021 against the federal government of Nigeria, attorney-general of the federation, chief of army staff, inspector-general of police, director-general of the Department of State Services and three others for allegedly violating his fundamental human rights.
But with no back up hit-back evidence, the federal government and the attorney-general of the federation (AGF) have asked the high court of Abia state "for an extension of time" to enable them file processes in the suit instituted by Nnamdi Kanu.
Through his lawyer Aloy Ejimakor, Kanu, had asked the court to compel the respondents to pay him N5 billion for damages as monetary compensation for the “physical, mental, emotional, psychological, defamation and other damages” he allegedly suffered.
But it seems to be a big knock by Nnamdi Kanu to the federal government as the case was adjourned till October 7 after the federal government and the AGF failed to make appearances or file processes in court.
Mean while, as at September 21, only two out of the eight respondents had filed processes in the suit "the DSS in Abuja and Abia."
During October 7, the case could not be heard as the case file which was returned by K.C.J. Okereke, the vacation judge, was yet to be reassigned to another judge.
In a fresh application dated back September 29, but filed on October 6, the AGF and federal government are asking the court for an extension of time to serve their counter-affidavits and other processes on parties in the suit.
While admitting that they are out of the time stipulated by law, the respondents said it was due to “circumstances beyond their control”.
They plead the court to use its discretion in the interest of a fair hearing.
Kanu's lawyer Ejimakor opposed the application, and cited statutory and judicial authorities that disallowed inordinate delays in hearing cases of fundamental rights, especially in situations where the applicant is in detention.
However, “It beggars belief that it took the federal republic of Nigeria and the office of the attorney-general of the federation with presumably thousands of lawyers almost one month after being served a fundamental rights suit to prepare a counter-affidavit,” he said.
It was confirmed that the case has been assigned to Abia high court 1, which is presided over by the chief judge of the state.
