Detained Deputy Commissioner of Police (DCP), Abba Kyari has appealed to a Federal High Court Abuja, to order his release from the custody of the Nigeria Drug Law Enforcement Agency (NDLEA), pending the hearing and determination of his fundamental human rights suit before the court.

Kyari’s request was contained in an exparte application argued in court yesterday, by his lawyer, Mrs. Cynthia Ikena.

The police had last week arrested and handed Kyari to the NDLEA for further investigation and prosecution over drug related offences.

The agency had released a video to confirm Kyari’s alleged involvement with an international drug syndicate and attempt to compromise officials of the NDLEA.

He has been in custody of the NDLEA since his arrest last week.

However, in an exparte application, the applicant, who sought an order of the court for his immediate release from custody urged the court to in the alternative admit him to bail in liberal conditions.

Kyari, who claimed to have served the country dutifully, added that he has a surety already, who would guarantee his bail if the court was mindful to admit him to bail.

He added that he had already filed a suit challenging the alleged encroachment of his fundamental rights as well as false accusations levied against him by the federal government.

He claimed that the charge in which he was being detained were not only trumped up charges but one that the agency cannot be able to prove in court.

However, in a short ruling, Justice Inyang Ekwo, declined to grant the exparte application and rather ordered that the applicant put the respondents on notice and adjourned till February 24, 2022, for hearing of the substantive suit.

According to Justice Ekwo, the averments made by the applicant were such that would warrant the respondents to appear in court and answer to the allegations.

Speaking with journalists shortly after the proceedings, Kyari’s lawyer, said the application was filed to enable the applicant attend to his failing health that got deteriorated in custody.

According to her, Kyari was suffering from diabetes and hypertension and as such in need of urgent medical attention.

In the main suit, Kyari wants the court to declare his current detention by the NDLEA as illegal, unlawful and an infringement on his fundamental human right.

He is also seeking another declaration that the agency’s refusal to grant him administrative bail on alleged bailable offence was unlawful and infringement of his rights.

He therefore prayed the court for an Order restraining the respondent, its agents, servants, privies, police or anyone acting on their behalf from further harassing, detaining, intimidating, arresting the applicant unlawfully.

An Order of this Honourable Court directing the respondent to tender written apology to the applicant in two National Daily Newspapers.

An Order of this court directing the respondent to pay the sum of N500,000,000.00 (Five Hundred Million Naira) to the applicant, for unlawful violation of the applicant’s constitutional right provided for in Sections 35 and 36 of the Constitution,

he added.

Among the grounds the reliefs were anchored on were that the respondent declared Kyari,

wanted because of a mere allegation that he was trying to bribe an NDLEA Officer without sufficient proof.

The Nigeria Police Force based on the allegation of the respondent arrested the applicant on February 12, 2022, and handed over to the National Drug Law Enforcement Agency.

The applicant is being kept in custody since February 12, 2022, till date without taking him before a court of competent jurisdiction and without access to his medical treatment.

While claiming that the charge on which he was arrested and detained were trump up allegation without sufficient proof, Kyari further argued that he was not only a decent police officer who had distinguished himself in arrears of serving his father’s land, but one who has risked his life in so many areas in the name of serving and protecting his father land as a police officer.

“The applicant needs to be compensated and not to be dragging about, receiving torture, degrading and inhuman treatment by anybody or agency whatsoever,” he added.

Justin Nwosu

Justin Nwosu is the founder and publisher of Flavision. His core interest is in writing unbiased news about Nigeria in particular and Africa in general. He’s a strong adherent of investigative journalism, with a bent on exposing corruption, abuse of power and societal ills.