An Abuja Federal High Court on Monday turned down the application of the suspended commander of the Police Intellegence Respose Team (IRT), Abba Kyari, a deputy commissioner of police (DCP) requesting to be granted bail from the detention of the anti-nacotic agency.
In her ruling, Justice Inyang Ekwo said the application had been overtaken by events following an order of a sister court, granting the National Drug Law Enforcement Agency’s (NDLEA) prayers to detain Kyari for another 14 days to enable it to conclude its investigation.
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 his fundamental right enforcement.
On February 14, the National Drug Law Enforcement Agency(NDLEA) declared Kyari wanted “over his involvement in a 25kg cocaine deal”. Hours later, the police announced his arrest and subsequent transfer to the custody of the NDLEA.
Kyari, through his lawyer, had, on February 21, approached the court with an ex-parte motion and originating summons seeking bail and asking the court to enforce his fundamental human rights which he alleged had been breached by unlawful arrest and detention.
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, describing the drug trafficking allegations against him as trumped-up.
He also asked the court to direct the agency to tender a public apology in national dailies.
Justice Ekwo fixed Monday Feburary 28, for hearing the bail application and directed Kyari’s lawyer to put NDLEA on notice and serve the agency with the hearing notice.
