On Monday, the Federal High Court in Abuja refused to order the National Drug Law Enforcement Agency, NDLEA, to release suspended Deputy Commissioner of Police, DCP, Abba Kyari, who is currently detained, on bail.
However, in a judgement delivered by Justice Inyang Ekwo, the court set March 15 as the date for hearing the fundamental right enforcement suit filed by the embattled DCP to challenge the legitimacy of his arrest and prolonged imprisonment.
Kyari’s application for bail was overtaken by events, according to Justice Ekwo, who noted that the NDLEA had previously been granted permission to keep him for 14 days pending the conclusion of its investigations by a sister court.
Kyari’s bail application could not be granted because the order for his continued imprisonment came from a court of coordinating jurisdiction, according to him.
Justice Ekwo stated that he would only consider the Applicant’s fundamental right complaint after his 14-day detention period had expired.
The decision came on the same day that the NDLEA filed a motion to dismiss Kyari’s lawsuit for lack of merit.
The agency denied that it had violated the Applicant’s fundamental rights, claiming that he had been arrested and held because of his alleged drug trafficking participation.
Kyari’s claim that his health had deteriorated while he was in detention was also denied by the agency.
It will be recalled that the court ordered the NDLEA to respond to Kyari’s motion for bail on medical grounds within 48 hours last Thursday.
DCP Kyari, who previously led the Police Intelligence Response Team, IRT, informed the court in the FHC/ABJ/CS/182/22 suit that he has “diabetes, high blood pressure, and severe heart disease that may cause death.”
He told the court that he was receiving medical care on a regular basis previous to his arrest because of the severity of his sickness.
He claims he has not received any medical treatment since his arrest on February 12 and subsequent handover to the NDLEA.
“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. Medical report from National Hospital is hereby attached and marked as Exhibit A.
“That due to the Applicant being a diabetic patient and on 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 ground.
“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.
In the meantime, the jailed DCP has filed a substantive claim in which he is demanding that the court order the Federal Government to pay him N500 million and publish a written apology in two national dailies for the unconstitutional violation of his fundamental human rights.
He is further praying the court for, “a declaration that arrest and continued detention of the Applicant by the Agent of the Respondent without bringing him before a court of competent jurisdiction from 12th of February 2022 till date, is Illegal, unlawful and a gross violation of Applicant’s fundamental right to personal liberty and freedom of movement guaranteed by Section 35(1) of the I999 Constitution of Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.
“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.
“A declaration that declaring the Applicant syndicate of the suspect without establishing a prima-facie case against the Applicant is unlawful and an infringement on his fundamental right”.
“A declaration that torture, degrading and in human treatment given to the Applicant by the Agent of the Respondent is illegal, unlawful and an infringement on the Applicant’s fundamental human right
“A declaration that refusal to grant administrative bail to Applicant on alleged bailable offence is unlawful and infringement on the Apphcant’s fundamental human right.
As well as, “an order of this Honourable Court restraining the Respondent’s agents, servants proxies, police or anyone acting on their behalf from further harassing, detaining, intimidating, arresting the Applicant unlawfully”.
