The Federal High Court sitting in Abuja, on Thursday, ordered the National Drug Law Enforcement Agency, NDLEA, to within 48 hours, respond to an application the suspended Deputy Commissioner of Police, DCP, Abba Kyari, who is currently in its custody, filed to be released on bail on health ground.
Justice Inyang Ekwo made the order on a day the NDLEA claimed that it was not served with Kyari’s application.
Counsel to the agency, Mr. Mike Kasa, told the court that he had yet to receive a copy of the bail request that was attached to Kyari’s suit marked FHC/ABJ/CS/182/22.
Consequently, a short ruling, Justice Ekwo, directed both parties to go back and put their house in order, even as he adjourned the matter till Monday to hear the motion for bail.
DCP Kyari, who hitherto headed the Police Intelligence Response Team, IRT, had in the suit he filed against the Federal Government, challenged his continued detention in the custody of the NDLEA.
He is among other things, praying the court to order FG to pay him N500million and also tender written apology to him in two national dailies for the unlawful 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”.
Besides, he prayed the court to order his release on bail to enable him to take care of his deteriorating health condition.
Kyari, told the court that he is suffering from “diabetes; high blood pressure and severe heart disease that may cause death”.
“That the Applicant was receiving medical treatment on daily basis due to seriousness of the illness.
“That since 12th of February, 2022, the Applicant has not accessed any medical treatment, which is very dangerous to his health.
“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”, read an affidavit he attached in support of the ex-parte application he filed for bail.
Meanwhile, instead of granting the application, Justice Ekwo, ordered Kyari’s lawyer, Cynthia Ikena, to put FG which was cited as the sole Respondent in the matter, on notice.
Justice 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.
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