•Asked Kyari to put FG on notice
By Vivian Okejeme, Abuja
The detained former Commander of Intelligence Response Team (IRT), Force Intelligence Bureau, Abba Kyari, has instituted a N500million right suit against the federal government.
The exparte suit before the Federal High Court, Abuja, also prayed Justice Inyang Ekwo to order the FG to release the detained Nigerian Police Force, Deputy Commissioner from the custody.
The suspended DCP is being held by the National Drug Law Enforcement Agency NDLEA over his alleged involvement in hard drug trafficking.
In the suit marked FHC/ABJ/CS/182/22, Kyari sought order of court to immediately release him and in the alternative, asked the court to admit him to bail in liberal conditions.
Kyari, in an ex-parte through his counsel, Cynthia Obianuju Ikena, claimed to be suffering from chronic diabetes and hypertension threatening his life and therefore needs urgent medical attention.
The plaintiff wants an order of court directing the Federal Government to pay him the sum of N500,000,000.00 (Five Hundred Million Naira) for unlawful violation of his constitutional right.
Hr premised on Sections 35 and 36 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
The applicant also is praying for a declaration that his arrest and continuing detention by agent of the FG without bringing him before a court of competent jurisdiction from 12th of February 2022 till date is “illegal, unlawful and a gross violation of Applicants’ fundamental right to personal liberty and freedom of movement 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”.
The plaintiff equally wants “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.
More so, Kyari is seeking a declaration that the torture, degrading and inhuman treatment meted out on him by the agent of the FG is illegal, unlawful and an infringement on his fundamental human right.
The suspended DCP is also asking the court to declare that refusal to grant him administrative bail on alleged bailable offence is unlawful and an infringement on his fundamental human right.
“An order of Court restraining the respondent, its agents, servants, privies, police or anyone acting on their behalf from further harassing, detaining, intimidating, arresting the Applicant unlawfully.
“An order of Court directing the Respondent to tender written apology to the Applicant in two National daily newspapers”.
In a statement of facts in support of the originating motion, deposed to by Cynthia Ikenna, DCP Kyari predicated his suit on the grounds that the National National Drug Law Enforcement Agency, an agent of the respondent had
declared him wanted because of a “mere allegation that he was trying to bribe an NDLEA officer without sufficient proof.
Kyari claimed that the Nigerian Police Force based on the allegation of the Respondent (FG) arrested him on the 12th day of February 2022, and handed him over to the NDLEA.
The police chief stated that since 12th of February 2022, he has been kept in custody till date without bringing him before a court of competent jurisdiction and without access to his medical treatment.
In addition, Kyari told the court that his arrest and continued detention is an infringement on his fundamental human right.
“The allegation upon which the Applicant is arrested and detained is a trump up allegation without sufficient proof.
Justice Ekwo in his brief ruling declined to order his immediate release but ordered him to put the respondent on notice.
The Judge ordered him to go and serve all processes he filed on the federal government.
According to the court, held all the averments and allegations made against the federal government are so weighty that the court must give government opportunity to hear from it before taking any step.
Consequently, the court adjourned till February 24, for the parties to appear before him.
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