From Godwin Tsa, Abuja
Justice Inyang Ekwo of the Federal High Court sitting in Abuja, yesterday, threatened to strike out the N500 million fundamental rights enforcement suit the suspended Deputy Commissioner of Police, Abba Kyari, filed against the Federal Government.
In the suit, Kyari who is challenging his continued detention by the National Drug Law Enforcement Agency (NDLEA), is praying the court for “a declaration that arrest and continued detention of the Applicant by the agent of the Respondent without bringing him before a court of competent jurisdiction from February 12, 2022 till date, is Illegal, unlawful and a gross violation of the applicant’s fundamental right to personal liberty and freedom of movement guaranteed by Section 35(1) of the I999 Constitution of Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on human and Peoples Rights (Ratification and Enforcement) Act.
He, therefore, prayed the court to order the federal government to pay him N500 million and also tender a written apology to him in two national dailies, for the unlawful violation of his fundamental human rights.When the case came up, yesterday, the NDLEA, through its Director, Prosecution & Legal Services, Mr. Joseph Sunday, told the court that he was just served a further affidavit by Kyari’s lawyer, Cynthia Ikenna.
Mr. Sunday noted that the agency served its counter-affidavit on the applicant since February 24. The prosecution counsel argued that going by rules of the court, the applicant filed the further affidavit out of time.
Responding, Kyari’s lawyer prayed the court for a short adjournment to enable her to regularise her processes. However, Justice Inyang Ekwo had, before adjourning the case to April 7, warned that he would strike out the matter for lack of diligent prosecution.
“If by next date you are not ready, I will strike out the matter. Put your house in order before the date of hearing. If you have an excuse not to be here on that date, I will take it that you are out to frustrate this matter, and I will strike it out,” Justice Ekwo warned.
Kyari had, in his suit marked FHC/ABJ/CS/182/22, accused the NDLEA of assisting drug peddlers to ship in cocaine into the country, alleging that a corrupt officer of the agency framed him up after he went to demand compensation for a whistleblower that gave information that led to the arrest of a suspect by the Police Intelligence Response Team (IRT).
He told the court how a suspect had been shipping cocaine into the country from Ethiopia, using all the airports, “with the knowledge of the NDLEA officers.”
He is seeking a declaration that announcing the applicant in the press without giving him right to fair hearing nor establishing a prima-facie case against him is illegal, unlawful and an infringement on his fundamental right.
“Declaring the applicant a syndicate of the suspect without establishing a prima-facie case against him is unlawful and an infringement on his fundamental right.
“A declaration that torture, degrading and inhuman treatment given to the applicant by the agent of the respondent is illegal, unlawful and an infringement on the applicant’s fundamental human right.
“A declaration that refusal to grant administrative bail to the applicant on alleged bailable offence is unlawful and infringement on the applicant’s fundamental human right.
As well as, “an order of this Honourable Court restraining the respondent’s agents, servants proxies, police or anyone acting on their behalf from further harassing, detaining, intimidating, arresting the applicant unlawfully.”
