By Nchetachi Chukwuajah
The Federal High Court in Abuja has adjourned the fundamental rights enforcement suit filed by the former Governor of Kaduna State, Nasir El-Rufai, to March 31 due to the absence of the second respondent.
The suit was adjourned by Justice Joyce Abdulmalik, who also faulted the application during court proceedings on Wednesday, March 25.
El-Rufai filed the suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and four others, seeking N1 billion in damages, challenging the legality of the search of his house and alleging violations of his rights to dignity, liberty, fair hearing, and privacy.
During proceedings on Wednesday, Justice Abdulmalik faulted the application after Ugochukwu Nnakwu, who appeared for El-Rufai, informed the judge that he had been unable to serve the magistrate, who was sued alongside others as the second respondent in the case.
When the case was called on Wednesday, all the parties, except the second respondent (magistrate), were represented in court.
Isaac Akwo, who appeared for ICPC, prayed the court to stand the matter down until noon to enable his superior, Abdu Mohammed, who was at the Supreme Court for another case, to handle the matter.
But Justice Abdulmalik declined the request because she had another meeting to attend.
The judge then enquired about the magistrate, to which Nnakwu told the court that the magistrate had not yet been served and that he had filed a substituted service application in that regard.
Nnakwu then moved the motion for substituted service before the judge interrupted and asked the lawyer to specify the particular magistrate listed in the suit.
“You are supposed to include his name in your application,” the judge corrected.
Nnakwu, therefore, acknowledged the judge’s intervention and sought an adjourned date to regularise the process.
The counsels to the other respondents, including R.N. Maiguru for the Inspector-General of Police and Chima Augustine for the Attorney-General of the Federation (AGF), did not oppose the application.
Justice Abdulmalik subsequently adjourned the matter till March 31 for the hearing of the pending motion.
She equally ordered that a hearing notice be issued and served on the magistrate.
Recall that El-Rufai is demanding N1 billion in damages against the ICPC, the Chief Magistrate at the Magistrates’ Court of the FCT, Abuja, the IGP, and the AGF, named as the first to fourth respondents, respectively.
