A former Governor of Kaduna State, Nasir El-Rufai, has withdrawn his fundamental rights enforcement suit against a Chief Magistrate at the FCT Magistrate’s Court, who was listed as the 2nd defendant in his N1 billion claim.
His counsel, Ugochukwu Nnakwu, informed Justice Joyce Abdulmalik of the Federal High Court, Abuja, shortly after the matter was called.
The withdrawal followed the judge’s observation that the suit failed to clearly identify the magistrate being sued.
Nnakwu initially sought an adjournment to correct the error but later filed a motion to withdraw the case against the magistrate.
“We urge my lord to strike out the name of the 2nd defendant as a party in this suit,” he said, also requesting the court to strike out the earlier motion for substituted service.
Counsel representing the Nigeria Police Force, the Office of the Attorney General of the Federation, and the Independent Corrupt Practices and Other Related Offences Commission did not oppose the application.
In a brief ruling, Justice Abdulmalik struck out the magistrate’s name from the suit and also removed the motion ex-parte.
Nnakwu then sought time to amend the suit, but counsel to the ICPC, Abdul Mohammed, opposed the move, arguing that removing the magistrate leaves no valid case before the court.
The judge, however, urged patience and allowed the plaintiff to proceed as he deemed fit, adjourning the case to June 17 for filing of amended processes.
El-Rufai is seeking N1 billion in damages against the ICPC, the FCT Chief Magistrate, the Inspector-General of Police, and the Attorney-General of the Federation, listed as 1st to 4th respondents.