A Federal High Court, Abuja, on Tuesday, threatened to strike out a fundamental rights enforcement suit filed by the suspended DCP Abba Kyari against National Drug Law Enforcement Agency (NDLEA).
Justice Inyang Ekwo, gave the warning following the delay by Kyari’s lawyer, Cynthia Ikena, to serve NDLEA counsel, Joseph Sunday, her further and better affidavit after being served with the counter affidavit since February 28.
At the resumed hearing, Sunday, a Director of Prosecution and Legal Services of the agency, informed that Ikena only served him the further and better affidavit this morning.
“The matter was adjourned for the hearing of fundamental rights enforcement of the applicant (Kyari).
“This morning, we were served with applicant’s further and better affidavit.
“We filed our counter affidavit since February 24 and served the applicant February 28 but today, they are just serving us,’ he said.
The lawyer argued that by virtue of Order 2 of Fundamental Rights Enforcement Civil Procedure Rules, 2019, the applicant was out of time to file the application.
Ikena, who complained that she had tried to meet with Kyari in NDLEA’s detention about three times but was denied access, prayed the court for more time to regularise the application.
Justice Ekwo, in a short ruling, threatened to strike out the suit if the lawyer was unprepared in the next adjourned date.
“Put your house in order before the next date of hearing and if you do not, I will assume you are frustrating this matter and the suit will be struck out,” he said.
The judge adjourned the matter until April 7 for hearing.
Kyari had earlier pooh-poohed the NDLEA’s allegation against him as fictitious.
The suspended DCP disclosed this in an affidavit in support of his motion ex-parte marked: FHC/ANJ/CS/182/22 and filed before Justice Inyang Ekwo of a Federal High Court, Abuja, by his lawyer, C. O. Ikena.
The affidavit, dated February 16 and filed February 17, was deposed to by Kyari’s younger brother, Muhammad Usman.
In the document, Kyari, who described the allegation against him by NDLEA as “trumped-up,” said the agency had failed to establish a prima facie case against him.
He averred that the allegation linking him to an international drug cartel by the anti-narcotic agency was untrue, saying since the Nigeria Police Force arrested and handed him over to the NDLEA, he has been kept in custody since February 12, without having access to his medical treatment.
He averred that his arrest and continued detention was an infringement on his fundamental human rights.
Kyari, a former Head of the Inspector-General (I-G) of Police Intelligence Response Team (IRT), in an originating motion on notice marked: FHC/ABJ/CS/182/22, dated February 16 and filed February 17, demanded a N500 million in damages from the NDLEA over alleged unlawful arrest and detention.
He also sought for an order, directing the NDLEA to tender a written apology to him in two national dailies.
Famously called “Super Cop,” Kyari, who said that his fundamental rights would continue to be infringed upon by the NDLEA if the court did not intervene, urged the court to grant the application for bail in the interest of justice.
Recall that Justice Zainab Abubakar had, on February 22, granted the NDLEA’s prayer to further detain Kyari and six others for 14 more days to enable it conclude its investigation.
Justice Ekwo had, on February 28, declined to grant Kyari’s bail application on the grounds that a court of coordinate jurisdiction had already granted an order to further detain him for 14 days.(NAN)/SHARE THIS
- Tags: Abba Kyari, NDLEA