Former Governor of Kaduna State, Nasir El-Rufai, has withdrawn his fundamental rights enforcement suit against a chief magistrate at the FCT Magistrate’s Court, named as the 2nd defendant, in the N1 billion case.
Ugochukwu Nnakwu, who appeared for the ex-governor, informed Justice Joyce Abdulmalik Justice Joyce Abdulmalik Justice Joyce Abdulmalik of the Federal High Court in Abuja shortly after the case was called to hear his motion ex parte.
The withdrawal followed Justice Abdulmalik’s observation on Wednesday, when the matter was heard.
The News Agency of Nigeria (NAN) reports that the judge picked holes in the suit for failure to specify the magistrate who was sued as the 2nd defendant.
Nnakwu then sought an adjournment to properly identify the name of the magistrate being used.
Upon resumed hearing on Tuesday, 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.
He said the motion, dated March 30, was filed on the same date.
“We urge my lord to strike out the name of the second 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.
Ezekiel Rimamsomte, who appeared for the police; Maimuna Shiru, who represented the Attorney-General of the Federation (AGF); and Abdul Mohammed, SAN, counsel for the Independent Corrupt Practices and Other Related Offences Commission (ICPC), did not oppose the application.
According to the senior lawyer, having struck out the name of the second defendant means there is no case before this court.
Responding, the judge told Mohammed to be patient to allow the plaintiff to do his case the way he wants.
“Counsel (addressing Mohammed), you are jumping the gun. You can respond to this by filing a counteraffidavit,” she said.
Justice Abdulmalik consequently adjourned the matter until June 17 at the instance of Nnakwu to enable him to file an amended process.
