Attempts by the detained Deputy Commissioner of Police, DCP, Abba Kyari, to regain his freedom from the custody of the National Drug Law Enforcement Agency, NDLEA, on health grounds has failed before the Abuja division of the Federal High Court.
The suspended Commander of the Intelligence Response Team (IRT) and four others are currently in the custody of the anti-narcotics agency over their alleged involvement in drug trafficking.
Kyari, has however filed a suit against the Federal Republic of Nigeria ((FRN), marked FHC/ABJ/CS/182/22, challenging his continued detention.
In the fundamental right enforcement suit, Kyari is praying the court to compel NDLEA to grant him bail on health grounds, pending the hearing and determination of his motion on notice.
He told the court through his counsel, Mrs P.O. Ikenna that he is suffering from “diabetes, high blood pressure and severe heart diseases that may cause death.”
“That since he was receiving medical treatment on daily basis due to the seriousness of the illness and that since February 12, 2022, he had no access to medical treatment which is dangerous to his health.
Kyari further told the court that he was being held “on the basis of a false allegation that was levelled against him”.
However, when the case was called up, Inyang Ekwo, noted that the suit contained some averments that would require FG’s response.
Upon studying the process of the Applicant and averments in support thereon, I am of the opinion that the Respondent should be put on notice”, the Judge held.
Effort by counsel to the Applicant to persuade the court to order Kyari’s release on the ground that “his health has deteriorated badly”, failed.
Sun