As court refuses his bail application •Suspended DCP demands N500m in damages from NDLEA
Sunday Ejike | Abuja THE suspended Deputy Commissioner of Police (DCP), Abba Kyari has said that his health is deteriorating and should be released on bail. He claimed to be suffering from chronic diabetes and, therefore, needs urgent medical attention.
Kyari, who has been in custody of the National Drug Law Enforcement Agency (NDLEA) since last week over his alleged involvement in drug trafficking had, in an ex parte motion filed through his counsel, Cynthia Ikenna, asked the court to compel the NDLEA to grant him bail on health ground, pending the hearing and determination of his fundamental rights enforcement suit he filed against the Federal Government.
The embattled former head of the Police Intelligence Response Team (IRT), told the court that he was being held “on the basis of a false allegation that was levelled against him.” Kyari, in his motion numbered, FHC/ABJ/CS/182/22, wants the court to order his immediate release from the custody of the NDLEA or grant him bail on liberal terms. The Federal High Court sitting in Abuja on Monday, however, turned down the bail request. The trial judge, Justice Inyang Ekwo, ordered that he should put the Federal Government on notice of the existence of the ex parte motion he filed against it.
The judge ordered him to go and serve all processes he filed on the Federal Government as the averments made against the respondent are so weighty that the court must give it the opportunity to hear from it before taking any step. The judge thereafter, adjourned till Thursday, for the parties to appear before him on the matter.
Meanwhile, Kyari has demanded a N500 million in damages from the NDLEA over alleged unlawful arrest and detention. Kyari, in an originating motion on notice marked: FHC/ABJ/CS/182/22, filed before Justice Inyang also sought for an order directing the NDLEA to tender a written apology to him in two national dailies, the News Agency of Nigeria (NAN) has reported.
The motion, dated February 16 and filed February 17 by his lawyer, Ikenna, also sought an order “restraining the respondent (NDLEA), its agents, servants, privies, police or anyone acting on their behalf from further harassing, detaining, intimidating, arresting the applicant unlawfully.”
In the motion to enforce his fundamental rights, Kyari also sought a declaration that his arrest and continued detention by the NDLEA “without bringing him before a court of competent jurisdiction from February 12 till date is illegal, unlawful and a gross violation of his fundamental rights.
He said his personal liberty and freedom of movement is guaranteed by Section 35(1) of the 1999 Constitution of Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.