Court dismisses Kyari’s right infringement suit against NDLEA

On Thursday, a Federal High Court in Abuja dismissed a fundamental enforcement rights claim against the National Drug Law Enforcement Agency filed by suspended DCP Abba Kyari (NDLEA).

Justice Inyang Ekwo dismissed the case on the request of Joseph Sunday, counsel for the NDLEA.

Cynthia Ikena, Kyari’s counsel, was not present when the case was called.

Sunday, NDLEA’s Director of Prosecution and Legal Services, urged the court to strike out the suit.

Ikena wrote a letter to the court requesting an adjournment, according to Justice Ekwo.

Sunday, who was taken aback by the news, said that he was not copied in the letter as required by law.

He asked the court to dismiss the case.

Justice Ekwo dismissed the matter after hearing from the NDLEA’s lawyer.

In addition, the judge dismissed the lawsuit after looking into the substantive matter and determining that the parties had merged matters in the action.

Following Ikena’s failure to serve further and improved affidavit on Sunday after being served with the counter affidavit since Feb. 28, Ekwo threatened to dismiss the fundamental enforcement rights litigation on March 15.

READ ALSO: HUSPUPPI: Court sets date to hear if embattled DCP Kyari is to be extradited to USA

Justice Ekwo, in a short ruling, had threatened to strike out the suit if the lawyer was unprepared on the next adjourned date.

“Put your house in order before the next date of hearing and if you do not, I will assume you are frustrating this matter and the suit will be struck out,” he said.

In an originating motion on notice marked: FHC/ABJ/CS/182/22, dated Feb. 16 and filed Feb. 17, Kyari, a former head of the Inspector-General of Police Intelligence Response Team (IRT), requested N500 million in damages from the NDLEA for alleged unlawful arrest and detention.

He also requested an order mandating the NDLEA to publish an apology to him in two national dailies.

Kyari urged the court to allow the plea for bail in the interest of justice, claiming that the NDLEA would continue to infringe on his fundamental rights if the court did not interfere.

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