A Federal High Court (FHC), Abuja, on Monday, refused to grant the bail application of suspended Deputy Commissioner of Police (DCP) Abba Kyari.
Justice Inyang Ekwo, in a ruling, said the application had been overtaken by events following an order of a sister court, granting the National Drug Law Enforcement Agency (NDLEA)’s prayers to detain Kyari for another 14 days to enable it conclude its investigation on the 25kg of cocaine.
Justice Ekwo held that the sister court, which gave the order in favour of NDLEA on February 22, was a court of coordinate jurisdiction.
The judge, however, said he was inclined to hear Kyari’s fundamental enforcement rights suit with the urgency it deserves after the expiration of the 14-day court order.
He then adjourned until March 15 to hear Kyari’s application to demand for his fundamental right enforcement.
Justice Zainab Abubakar of FHC sitting in Abuja had granted the agency’s application to have Kyari and others suspects linked to the alleged drug trafficking detained for 14 more days to complete its investigation.
Kyari, through his lawyer, had, on Feb. 21, approached the court with an ex-parte motion and originating summons seeking for a bail and asking the court to enforce his fundamental human rights which he alleged had been breached by unlawful arrest and detention.
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Kyari, in the main suit, urged the court to make an order directing the NDLEA to pay him N500 million for infringing on his rights.
He also asked the court to direct the agency to tender a public apology in national dailies.
Justice Ekwo fixed today for hearing the bail application and directed Kyari’s lawyer to put NDLEA on notice and serve the agency with the hearing notice.
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