A Federal High Court, Abuja has threatened to strike out a fundamental enforcement rights suit filed by the suspended ‘super cop’ and former Commander of the Intelligence Response Team, DCP Abba Kyari against the National Drug Law Enforcement Agency (NDLEA).
Kyari was on March 7, arraigned alongside Sunday J. Ubia, Bawa James, Simon Agirigba and John Nuhu, who are members of 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 whistle-blower who provided information that led to the arrest of a suspect by the IRT.
He is among other things, praying the court to order the Nigerian government to pay him N500 million and also tender a written apology to him in two national dailies for the unlawful violation of his fundamental human rights.
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.
Sunday noted that the agency served its counter-affidavit on the applicant since February 24.
He argued that going by the rules of the court, the applicant, filed the further affidavit out of time.
Responding, Kyari’s lawyer, prayed the court for a short adjournment to enable her to regularize her processes.
Before he adjourned the matter till April 7, Justice Inyang Ekwo warned that he would strike out the matter for lack of diligent prosecution.
“If on next date you are not ready, I will strike out the matter. Put your house in order before the date of hearing.
“If you have an excuse not to be here on that date, I will take it that you are out to frustrate this matter and I will strike it out,” Justice Ekwo warned.
