Justice Inyang Ekwo of a Federal High Court in Abuja, has refused to order the Federal Government to release the detained Deputy Commissioner of Police, Abba Kyari, from the custody of the National Drug Law Enforcement Agency.
The Judge however ordered that 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 the NDLEA.
In an ex-parte application argued by his counsel, Cynthia Ikena, Kyari claimed to be suffering from chronic diabetes threatening his life and therefore, needed urgent medical attention.
In an ex-parte motion, he filed through his lawyer, Mrs. P. O. Ikenna, the embattled former head of the Police Intelligence Response Team, IRT, told the court that he was being held “on the basis of a false allegation leveled against him.”
However, when the case was called up, Justice Inyang Ekwo noted that the suit contained some averments that would require Federal Government’s response.
“Upon studying the process of the applicant and averments in support thereon, I am of the opinion that the respondent should be put on notice,” the judge held.
Justice Ekwo ordered that all the relevant processes be served on Federal Government, which was cited as the sole respondent, even as he adjourned the case till February 24 for hearing.
