The suspended Deputy Commissioner of Police, DCP, Abba Kyari, who is currently in the custody of the National Drug Law Enforcement Agency, NDLEA, over his alleged involvement in drug trafficking, on Monday, took the Federal Government to court.
Kyari, in his suit marked FHC/ABJ/CS/182/22, is praying the court to compel the NDLEA to grant him bail on health grounds, pending the hearing and determination of his fundamental right enforcement application.
In an ex-parte motion, he filed through his lawyer, Mrs P. O. Ikenna, 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”.
However, when the case was called up, Justice Inyang Ekwo, noted that the suit contained some averments that would require FG’s response.
“Upon studying the process of the Applicant and averments in support thereon, I am of the opinion that the Respondent should be put on notice”, the Judge held.
Justice Inyang Ekwo, in a ruling declined his request and ordered Kyari to serve the respondent – the Federal Republic of Nigeria – with the processes filed and adjourned till February 24.
Justice Ekwo’s ruling was on an ex-parte motion argued on Monday by Kyari’s lawyer, Cynthia Obianuju Ikena.
The judge held that the allegations made against the respondent are weighty, requiring that the court grant it an opportunity to be heard before a decision it taken.
Kyari is, in the substantive suit, challenging his continued detention by an agency of the Federal Government.
He claimed to be suffering from chronic diabetes, which he said was threatening his life and therefore requires urgent medical attention.