EL-RUFAI DROPS MAGISTRATE FROM N1BN RIGHTS SUIT. (PHOTO).

El-Rufai Drops Magistrate From N1bn Rights Suit

                                                                  A Former Governor Of Kaduna State, Nasir El-Rufai Has  Withdrawn  His Fundamental Rights Enforcement Suit Against A Magistrate In A One Billion Naira Claim Pending Before The Federal High Court In Abuja.

The Withdrawal Followed Concerns Raised By The Trial Judge, Justice Joyce Abdulmalik, Over The Failure Of The Plaintiff To Properly Identify The Magistrate Sued As The Second Defendant.

At The Resumed Hearing, El-Rufai’S Counsel, Ugochukwu Nnakwu, 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 For The Respondents, Including The Independent Corrupt Practices And Other Related Offences Commission, 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, Nnakwu Sought An Adjournment To Enable The Plaintiff To Amend The Originating Processes.

However, Counsel For The Icpc, Abdul Mohammed, Opposed The Request, Arguing That The Core Reliefs In The Suit Were Tied To The Search Warrant Issued By The Magistrate.

He Contended That With The Magistrate No Longer A Party, The Suit Had Become Incompetent.

The Icpc Counsel Argued That Having Struck Out The Name Of The Second Defendant, It Means There Is No Case Before This Court.

But The Court Disagreed, Cautioning Counsel Against Pre-Empting Proceedings.