The Nigerian authorities by way of the Legal professional-Basic of the Federation, Abubakar Malami (SAN) has pleaded with the Abia State Excessive Court docket to offer it and different six respondents an extension of time to defend the lawsuit filed by Aloy Ejimakor on behalf of the chief of the Indigenous Folks of Biafra (IPOB), Nnamdi Kanu, SaharaReporters has gathered.
Recall that the IPOB chief by way of his lawyer had in August 2021 approached the Abia Excessive Court docket to implement his basic rights, stemming from the army invasion of his Umuahia dwelling in September 2017 and his subsequent “extraordinary rendition” from Kenya in late June 2021.
SaharaReporters had reported that Ejimakor lamented on October 7 when the case got here up for listening to, that the case file had not be assigned from the holiday court docket the place it was final heard on twenty first September.
In a court docket doc obtained by SaharaReporters on Wednesday, the Respondents which included the President Muhammadu Buhari’s authorities and the Legal professional had been served on tenth September, 2021.
This indicated that they’d 5 days from the date of service to answer to the go well with in accordance with the Elementary Rights Enforcements Process Guidelines. These 5 days expired on fifteenth September, 2021.
Nonetheless, the applying for extension of time which was filed on sixth October is being opposed by Ejimakor.
A perusal of the Utility by the Nigerian authorities and the AGF revealed that they pleaded for the discretion of the court docket to just accept their defence regardless of their lateness.
The Court docket doc partly learn, “The Respondents shall be heard praying this Honourable Court docket for the next orders.
“An order for an extension of time inside the 1st and 2nd Respondents can file and serve his Counter-Affidavit and different processes on this go well with out of time.
“An order deeming the stated filed processes as having been duly filed and served.”
In his reply, Barrister Ejimakor opposed the applying, citing statutory and judicial authorities that disallowed inordinate delays in listening to instances of this nature, particularly as he stated that his Shopper, Kanu is in detention.
It additionally emerged that the case had been assigned for listening to to Abia Excessive Court docket 1, which is alleged to be presided over by the Chief Choose of the State.
Our checks revealed that the following listening to date has not been set.
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