The judge rejected the application at Monday’s sitting when raised by Malami’s lawyers.
The lawyers had argued that the court should vacate the order because it was an interim injunction which should not last longer than seven days. The order was given on August 4.
But the judge posited that vacating the order could renders the eventual judgment in the suit nugatory should Igboho be killed before it (judgment) is given.
He extended the order till next date of hearing.
Counsel to the Department of State Security (DSS) Mr T. A. Nurudeen later asked for adjournment to enable him file affidavit to the counter affidavit filed by Igboho’s Lead counsel Chief Yomi Alliyu (SAN) on the preliminary objection raised by Malami that the court lacks jurisdiction to entertain the suit
Alliyu initially objected to his position, stressing that rules of court only allow parties five days to file their reply being a fundamental human rights enforcement procedure suit. But the judge ruled that respondents could still ask for more time since Nurudeen proved that he had not been officially served the counter affidavit.
The court then adjourned to September 7 for hearing.
In an interview with reporters, Alliyu said his team were currently more concerned about the plight of its clients being held by the DSS in Abuja against court order.
He said: “We are mostly concerned with what is happening in Abuja. A court of law ordered that 12 people should be released and the DSS is sitting on that judgment.