A Federal High Court, Abuja, on Tuesday, threatened to strike out a fundamental enforcement rights suit filed by 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 Feb. 28.
At the resumed hearing, Sunday, a director of Prosecution and Legal Services of the agency, informed that Ikena only served on him the further and better affidavit this morning.
“The matter was adjourned for the hearing of fundamental enforcement rights of the applicant (Kyari).
“This morning, we were served with applicant’s further and better affidavit.
“We filed our counter affidavit since Feb. 24 and served the applicant Feb. 28 but today, they are just serving us,’ he said.
The lawyer argued that by virtue of Order 2 of Fundamental Enforcement Rights 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 tines 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.
In a related development, Kyari told the court that NDLEA’s allegation against him is 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 Feb. 16 and filed Feb. 17, was deposed to by Kyari’s younger brother, Muhammad Usman. Kyari, through Ikena, had filled the application to seek for his fundamental rights enforcement.
In the document, Kyari, who described the allegation against him by NDLEA as “trump-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.
He said since the Nigerian Police Force arrested him and handed him over to the NDLEA, he has been kept in custody since Feb. 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 Feb. 16 and filed Feb. 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.
Justice Zainab Abubakar had, on Feb. 22, granted the NDLEA’s prayer to further detain Kyari and six others for 14 more days to enable its conclude its investigation.
Justice Ekwo had, on Feb. 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)
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