Mr Kanu sued Messrs Malami and Abubakar for his extraordinary rendition from Kenya in June 2021.
Mr Maina claimed the failure to seek medical treatment for his ailment led to his incapacitation and health deterioration.
Mr Emefiele had yet to obey the order of the court to pay the judgement debt of 70 million dollars to Joe Agi, SAN.
Mr Malami has given EFCC approval to prosecute former aviation minister Stella Oduah and others for alleged N5 billion fraud.
Prosecution counsel informed the court of Mr Fani-Kayode’s decision on Thursday.
The judgement quashed an earlier ruling to stop the election from taking place.
Justice Inyang Ekwo adjourned any further hearing in the case to October.
The Ekweremadus are facing criminal trials in the UK.
The plaintiffs had dragged INEC before the court over an attempt to deny them the opportunity to partake in the just-concluded Continuous Voter Registration.
Aliyu Abubakar said that one Bala Sanga had threatened to detain him if he refused to implicate the former president, and ex-minister.
