Court threatens to strike out DCP Abba Kyari’s N500m suit against FG

A federal high court in Abuja has threatened to strike out a fundamental rights enforcement suit filed by Abba Kyari, suspended deputy commissioner of police (DCP), against the federal government.

Kyari was on March 7, arraigned alongside Sunday J Ubia, Bawa James, Simon Agirigba and John Nuhu who are members of the Police Intelligence Response Team (IRT) on allegations of conspiracy, obstruction and drug trafficking.

Others are Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne — two alleged drug traffickers who were arrested at Akanu Ibiam International Airport, Enugu.

In the charge marked FHC/ABJ/57/2022, the National Drug Law Enforcement Agency (NDLEA) accused the defendants of tampering with 21.35kg of cocaine out of which they removed 17.55kg.

Kyari denied the allegation.

In his suit marked FHC/ABJ/CS/182/22, Kyari accused the NDLEA of assisting drug traffickers, alleging that a corrupt NDLEA officer framed him after he went to demand compensation for a whistleblower who provided information that led to the arrest of a suspect by the IRT.

At the hearing on Tuesday, Joseph Sunday, NDLEA director of prosecution and legal services, told the court that he was just served a further affidavit by Kyari’s lawyer, Cynthia Ikenna.

“The matter was adjourned for the hearing of fundamental enforcement rights of the applicant (Kyari),” he said.

“This morning, we were served with applicant’s further and better affidavit.

“We filed our counter-affidavit since February 24 and served the applicant February 28 but today, they are just serving us,” he said.

The lawyer argued that by virtue of Order 2 of Fundamental Enforcement Rights Civil Procedure Rules, 2019, the applicant was out of time to file the application.

Ikenna prayed the court for more time to regularise the application.

In a ruling, Inyang Ekwo, the judge, ordered the defendant counsel to do what is necessary or risk getting the case struck out for lack of diligent prosecution.

“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.

The judge adjourned the matter until April 7 for hearing.

Among other reliefs sought, Kyari is demanding N500 million compensation as damages from the federal government.