By Uche Mbah
The Federal High Court sitting in Abuja, Tuesday, all but accused the defence lawyer to Abba Kyari of deliberately trying to stall N500million fundamental right enforcement suit that Abba Kyari filed against the Federal Government, effectively threatening to strike out the case if thar continues.
Suspended Deputy Commissioner of Police, Abba Kyari, is currently in the custody of the Nigeria Drug Law Enforcement Agency, NDLEA, held on drug-related charges.
His lawyers had on March 7, approached the Court to challenge his arrest and detention by the Drug Agency.
He is asking the Court, among other things, to order the FG to pay him the sum of N500m compensation and a written apology to be published in two national dailies for violating his fundamental human rights.
Part of his prayer is for “a declaration that the arrest and continued detention of the Applicant by the Agent of the Respondent without bringing him before a court of competent jurisdiction from 12th of February 2022 till date, is Illegal, unlawful and a gross violation of 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.
“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.
“A declaration that declaring the Applicant syndicate of the suspect without establishing a prima-facie case against the Applicant is unlawful and an infringement on his fundamental right”.
“A declaration that torture, degrading and in human 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 Applicant on alleged bailable offence is unlawful and infringement on the Applicant’s fundamental human right.
“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”.
While responding to the NDLEA lawyer who insisted that the plea was filed “out of time”, Kyari’s lawyer, Cynthia Ikenna, requested for a short adjournment to regularize her briefs.
Justice Inyang Ekwo adjourned the matter to April 7, but warned that he would strike out the matter for lack of deligent prosecution if the defence continues to stall.
“If on 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.
