The Abuja Federal High Court,, presided over by Justice Inyang Ekwo has rejected a bail application filed by the suspended Deputy Commissioner of Police, Abba Kyari.
The court held in a ruling on Monday, that the application has been overtaken by events.
The National Drug Law Enforcement Agency (NDLEA), had on Monday February 14 declared Kyari wanted “over his involvement in a 25kg cocaine deal.” Hours later, the police announced his arrest and subsequent transfer to the custody of the NDLEA.
Kyari, through his lawyer, had, on February 21st, approached the court with an ex-parte motion and originating summons seeking for a bail and asking the court to enforce his fundamental human rights which he alleged had been breached by unlawful arrest and detention.
He urged the court to make an order directing the NDLEA to pay him N500 million for infringing on his rights.
He had also asked the court to direct the agency to tender a public apology in national dailies.
Delivering ruling on Monday, Justice Ekwo, said the application had been overtaken by events following an order of a sister court, granting the National Drug Law Enforcement Agency’s prayers to detain Kyari for another 14 days to enable it to conclude its investigation.
Ekwo held that the sister court, which gave the order in favour of NDLEA on Feb. 22, was a court of coordinate jurisdiction.
The judge, however, said he was inclined to hear Kyari’s fundamental enforcement rights suit with the urgency it deserves after the expiration of the 14-day court order.
He then adjourned until March 15 to hear Kyari’s application to demand for his fundamental right enforcement.
A Federal High Court, Abuja, presided over by Justice Zainab Abubakar, had granted the NDLEA application to have Kyari and others suspects linked to the alleged drug trafficking detained for 14 more days to complete its investigation.
