Justice Inyang Ekwo of a Federal High Court in Abuja on Monday refused to order the National Drug Law Enforcement Agency (NDLEA) to release the embattled deputy commissioner of police, Mr. Abba Kyari, who has been detained for alleged drug trafficking.
Instead, the judge ordered that the suspended police officer to put the federal government on notice of the existence of the suit he instituted against it.
Recall that Kyari was arrested last week by the police and handed over to the NDLEA hours after he was declared wanted by the agency.
Prior to his arrest, he was suspended from the police after the Federal Bureau of Investigation (FBI) had declared him wanted over his association with internet fraudster Ramon Abbass (aka Hushpuppi).
Kyari was alleged to have (abused the instruments of the state entrusted to him by privately punishing Hushpuppi’s criminal associates.
The suspended police officer had sued the federal government challenging his continued detention by the NDLEA.
In the suit marked FHC/ABJ/CS/182/22, Kyari sought an order of court to immediately release him and in the alternative, to admit him to bail in liberal conditions.
In an ex-parte application argued by his counsel, Cynthia Ikena, the plaintiff claimed to be suffering from chronic diabetes threatening his life and therefore needed 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 serve all processes he filed on the federal government.
The judge held that all the averments and allegations made against the government are so weighty that the court must give the government the opportunity to hear from it before taking any step.
He thereafter fixed February 24 for the parties to appear before him.
