- To hear N500m suit against FG March 15
BY EDMOND ODOK – The Federal High Court sitting in Abuja has rejected the bail plea by the suspended Deputy Commissioner of Police, DCP, Abba Kyari, who is currently in the custody of the National Drug Law Enforcement Agency (NDLEA).
In a ruling delivered by Justice Inyang Ekwo, the Court held that Kyari’s application for bail was overtaken by events, since a sister court had already granted the NDLEA permission to detain him for 14 days, pending the conclusion of its investigations.
Justice Ekwo however fixed March 15 to hear the fundamental right enforcement suit brought before the Court DCP Kyari querying the legality of his arrest and continued detention by the Federal Government.
According to the Court, Kyari’s bail application could not be granted since the order for his further detention emanated from a court of co-ordinate jurisdiction, adding that he would only hear the applicant’s fundamental right suit after the expiration of his 14 days detention period.
Justice Ekwo’s ruling came on a day the NDLEA also sought the dismissal of Kyari’s suit for lacking in merit, denying the claim of violating the Applicant’s fundamental rights after being arrested and detained over his alleged involvement in drug trafficking.
Equally, the NDLEA dismissed Kyari’s claim that his health had suddenly deteriorated while in its custody. The Agency’s submission was in response to the Court’s directives on Thursday, February 24, 2022, requesting its reaction within 48 hours to Kyari’s application that he be granted bail on health grounds.
In a suit marked FHC/ABJ/CS/182/22, DCP Kyari informed the court that he is suffering from “diabetes; high blood pressure and severe heart disease that may cause death”, adding that prior to his arrest and detention, he was receiving medical treatment on daily basis due to the seriousness of the illness.
Claiming that since February 12 when he was arrested and subsequently handed over to the NDLEA, he has not accessed any medical treatment, the embattled police officer further said; “That failure of the Applicant to check his heart, high blood pressure will result in severe health problems or may even lead to heart failure and death. The medical report from National Hospital is hereby attached and marked as Exhibit A.
“That due to the Applicant being a diabetic patient and on a medical diet, he does not eat outside his home and this is causing a very big hardship on the Applicant that is in NDLEA custody.
“That the health of the Applicant cannot be managed while in NDLEA custody due to the seriousness of his illness. That it is in the interest of justice that this applicant be admitted to bail on health grounds.
“That the Applicant will not jump bail if bail is granted him. That he had a reliable surety who is in court”, he added an affidavit that was attached in support of his ex-parte application for bail.
Besides his bail request, DCP Kyari, who was in charge of the Inspector-General of Police Intelligence Response Team (IRT), in the substantive suit, prayed the court to order the Federal Government to pay him N500million and also tender a written apology to him in two national dailies for the unlawful violation of his fundamental human rights.
