The Federal High Court, Abuja, on Tuesday, dismissed a motion seeking an order restraining Mr Mohammed Adamu from parading himself as the Inspector-General of Police (IGP).
Justice Ahmed Mohammed gave the ruling following a motion exparte with suit number: FHC/ABJ/CS/106/21 filed by Maxwell Opara, a legal practitioner, and argued by his lawyer, Ugochukwu Ezekiel.
Arguing the motion, Ezekiel told the court that the application was brought pursuant to Section 215, 216 of the 1999 Constitution (as amended), Section 7 of the Nigeria Police Act 2020 and provision of the court.
Opara had sued President Mohammadu Buhari, Mr Mohammed Adamu, the Attorney General of the Federation and the Ministry of Justice as 1st to 4th defendants respectively.
Opara, in the motion dated Feb. 11 and filed Feb. 12, had prayed the court for an order restraining Adamu from parading himself as IGP and an order for abridgement of time within which the defendants should respond to the application.
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However, Justice Mohammed held that since all the defendants had already been served with the originating process in the suit, it would be unfair to grant the exparte motion when the defence had within 30 days to respond to the main suit.
The judge said such order would be contrary to the provision of the law.
He ruled:
The prayer one is hereby refused.
Mohammed said prayer two of the plaintiff shall be a notice to the defendants.
Though the IGP was represented by Alex Izinyon, SAN, the 1st, 3rd and 4th defendants were not represented in court.
The judge adjourned the matter till Feb. 24 for continuation of hearing.
