Ejimakor lamented on October 7 when the case came up for hearing, that the case file had not be assigned from the vacation court where it was last heard on 21st September.
In a court document obtained by SaharaReporters on Wednesday, the respondents, which included the President Muhammadu Buhari’s government and the Attorney General, were served on September 10, 2021.
This indicated that they had five days from the date of service to reply to the suit in accordance with the Fundamental Rights Enforcements Procedure Rules. Those five days expired on 15th September, 2021.
However, the application for extension of time which was filed on October 6 is being opposed by Ejimakor.
A perusal of the application by the Nigerian government and the AGF revealed that they pleaded for the discretion of the court to accept their defence despite their lateness.
The Court document partly read, “The Respondents will be heard praying this Honourable Court for the following orders.
“An order for an extension of time within the 1st and 2nd Respondents can file and serve his Counter-Affidavit and other processes in this suit out of time.
“An order deeming the said filed processes as having been duly filed and served.”
In his reply, Barrister Ejimakor opposed the application, citing statutory and judicial authorities that disallowed inordinate delays in hearing cases of this nature, especially as he said that his Client, Kanu is in detention.
It also emerged that the case had been assigned for hearing to Abia High Court 1, which is said to be presided over by the Chief Judge of the State.
Our checks revealed that the next hearing date has not been set.