DCP Abba Kyari had filed an application marked: FHC/ANJ/CS/182/22 to seek the enforcement of his fundamental rights against the anti-narcotic agency.
In the document, Kyari said that the NDLEA’s allegations linking him to an international drug cartel were false and fictitious, asking the agency to pay N500 million in damages over alleged unlawful arrest and detention.
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Kyari said he had been denied access to medical treatment since his arrest by the Nigerian Police Force and his detention in the custody of the NDLEA.
The suspended Deputy Commissioner of Police claimed that his arrest and continued detention was an infringement on his fundamental human rights.
Delivering judgment on Thursday, Justice Inyang Ekwo of the Federal High Court sitting in Abuja dismissed Kyari’s fundamental human rights suit.
The presiding judge dismissed the suit after NDLEA’s lawyer, Joseph Sunday, asked the court to strike out the case due to the handling of the case by the counsel for Kyari, Cynthia Ikena.
Justice Ekwo said he was informed that Cynthia Ikena sent a letter, praying the court for an adjournment. The judge, who directed that the letter be shown to the NDLEA’s counsel, said the letter was not filed by the lawyer and therefore not in compliance with the court rule. The NDLEA’s counsel, Joseph Sunday, who expressed surprise with the development, said he was not copied in the letter in agreement with the rule of the court and prayed the court to strike out the matter. After listening to NDLEA’s lawyer, Justice Ekwo struck out the case after going into the essential matter and seeing that parties had joined issues in the suit.