Justice Inyang Eden Ekwo of the Federal High Court in Abuja
on Monday refused to order the Federal Government to release the detained
Deputy Commissioner of Police, Abba Kyari from custody.
Rather, the Judge ordered that the embattled Kyari should
put the Federal Government on notice of the existence of the suit he instituted
against it.
The suspended DCP had dragged the Federal Government before
the court challenging his continued detention by an agency of government.
In the suit marked FHC/ABJ/CS/182/22, Kyari sought an order
of the court to immediately release him and in the alternative, the suspended
DCP, who is being held by the National Drug Law Enforcement Agency (NDLEA) over
his alleged involvement in hard drug trafficking, asked the court to admit him
to bail in liberal conditions.
In an ex-parte application argued by his counsel, Cynthia
Obianuju Ikena, Kyari claimed to be suffering from chronic diabetes threatening
his life and therefore needs urgent medical attention.
Justice Ekwo, in his brief ruling, declined to order his
immediate release but ordered him to put the respondent on notice.
The judge ordered him to go and serve all processes he filed
on the Federal Government.
Justice Ekwo held that all the averments and allegations
made against the Federal Government are so weighty that the court must give the
government opportunity to hear from it before taking any step.
He thereafter fixed February 24 for the parties to appear
before him.
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