KanyiDaily recalls that Kyari had filed a fundamental right enforcement suit against the government over his arrest and detention by the National Drug Law Enforcement Agency (NDLEA).
The suspended DCP, who is currently facing trial over his alleged involvement in drug trafficking, had instituted the legal action to challenge his arrest and detention by the NDLEA.
In his suit marked FHC/ABJ/CS/182/22, Kyari accused the NDLEA of assisting drug traffickers, alleging that a corrupt NDLEA officer framed him after he went to demand compensation for a whistleblower who provided information that led to the arrest of a suspect by the IRT.
The Applicant is among other things, praying the court to order FG to pay him N500m and also tender a written apology to him in two national dailies for the unlawful violation of his fundamental human rights.
Judge Threatens To Throw Out Abba Kyari’s Suit
During the hearing on Tuesday, March 15, NDLEA director of prosecution and legal services, Joseph Sunday, told the court that he was just served a further affidavit by Kyari’s lawyer, Cynthia Ikenna.
“The matter was adjourned for the hearing of fundamental enforcement rights of the applicant (Kyari),” he said.
“This morning, we were served with applicant’s further and better affidavit. We filed our counter-affidavit since February 24 and served the applicant February 28 but today, they are just serving us.”
The lawyer argued that by virtue of Order 2 of Fundamental Enforcement Rights Civil Procedure Rules, 2019, the applicant was out of time to file the application.
Ikenna prayed the court for more time to regularise the application.
In a ruling, the judge, Inyang Ekwo ordered the defendant counsel to do what is necessary or risk getting the case struck out for lack of diligent prosecution.
“Put your house in order before the next date of hearing and if you do not, I will assume you are frustrating this matter and the suit will be struck out,” he said.
The judge further adjourned the matter until April 7 for hearing.
KanyiDaily recalls that he NDLEA had arraigned Kyari and six others defendants before the Federal High Court in Abuja on an eight-count charge, bordering on conspiracy, obstruction, and dealing in cocaine, and other related offences.