A former Governor of Kaduna State, Nasir El-Rufai, has withdrawn his fundamental rights enforcement suit against a magistrate in a ₦1 billion claim before the Federal High Court in Abuja.
The development followed concerns raised by the presiding judge, Justice Joyce Abdulmalik, over the plaintiff’s failure to properly identify the magistrate listed as the second defendant in the case.
At the resumed hearing, El-Rufai’s counsel, Ugochukwu Nnaku, informed the court that a motion dated March 30 had been filed to discontinue the case against the magistrate. He urged the court to strike out the magistrate’s name as well as a pending ex parte application seeking substituted service of court processes.
Counsel representing the respondents, including the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Nigeria Police Force, and the Attorney-General of the Federation, did not oppose the application.
In a brief ruling, Justice Abdulmalik struck out the name of the magistrate and the ex parte application.
Following the ruling, Nnaku requested an adjournment to allow the plaintiff amend the originating processes. However, counsel for the ICPC, Abdul Mohammed, opposed the request, arguing that the substantive reliefs in the suit were tied to the search warrant issued by the magistrate.
He contended that with the magistrate no longer a party to the case, the suit had become incompetent. According to him, striking out the second defendant effectively meant there was no case before the court.
The court, however, disagreed with the argument and cautioned counsel against pre-empting proceedings.
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