The absence of Justice Obiora Egwuatu of a Federal High Court, Abuja, on Wednesday, stalled the hearing of an amended suit filed by leader of the Islamic Movement, Sheikh Ibraheem El-Zakzaky, and his wife, Zeenah, against Nigeria Immigration Service (NIS) and others.
Also joined in the suit marked: FHC/ABJ/CS/22/2022 are the Department of State Services (DSS) and the National Intelligence Agency (NIA).
Although the matter was expected to be heard today, Justice Egwuatu was not in court.
The matter was consequently fixed for Jan. 16 for hearing of the amended suit.
Meanwhile, Haruna Magashi, who was counsel to the El-Zakzaky and Zeenah, told newsmen that though the matter was scheduled for hearing today, the court registrar informed that Justice Egwuatu was at the ongoing judges’ conference on election matters.
It would be recalled that the judge had, on September 27, fixed today for hearing an amended suit filed by the couple.
Egwuatu had adjourned the matter following the absence of counsel to the defence in court.
Recalled that El-Zakzaky and wife had in January sued the NiS and its Comptroller General as 1st and 2nd defendants for alleged refusal to issue new international passports to them.
In the suit filed by their lawyer, Femi Falana, SAN, the duo prayed the court to enforce their fundamental rights enshrined in the Nigerian constitution and the African Charter of Human and Peoples Right.
They prayed the court to declare that the alleged refusal of the NIS to process their travel documents to enable them travel abroad was illegal, unconstitutional, null and void.
But counsel for the NIS, Jimoh Adamu, denied the allegations of refusal to issue new passport to the couple, saying his office was conducting investigations.
Adamu had, on February, approached the court with a motion for joinder praying the court to join the Department of State Services (DSS) and National Intelligence Agency (NIA) in the suit.
Justice Egwuatu, who granted the request, ordered El-Zakzaky to joined the DSS and NIA in the matter.
Meanwhile, in the amended suit filed by El-Zakzaky’s lawyer, DSS and and NIA are listed as 3rd and 4th defendants respectively.