Abba Kyari, detained and suspended deputy commissioner of Police, has sued the Federal Government before a Federal High Court in Abuja over his continued detention by the National Drug Law Enforcement Agency (NDLEA).
In the suit marked FHC/ABJ/CS/182/22, Kyari is seeking an order of court to immediately release him.
In the alternative, the suspended DCP, being held by the NDLEA over his alleged involvement in hard drug trafficking wants the court to admit him to bail on health grounds, pending the hearing and determination of his fundamental right enforcement application.
The NDLEA had accused and detained Kyari of being an accomplice to a drug ring, which operates on the Brazil-Ethiopia-Nigeria route, peddling deadly substances, notably cocaine.
NDLEA had claimed that Kyari was caught on camera handing over $61,400 in cash to bribe its operative and facilitate the release of 17 KG of seized cocaine. The suspended cop is being detained at the NDLEA headquarters facility in Abuja alongside three other suspended accomplices in the police namely Sunday Ubuah, an ACP; Bawa James, an assistant superintendent of police, (ASP); Simon Arigba, a police inspector and John Nuhu, among others.
However, in an ex-parte application argued by his counsel on Monday, Cynthia Obianuju Ikena, Kyari claimed to be suffering from chronic diabetes threatening his life and therefore needs urgent medical attention.
Justice Ekwo, in his brief ruling, declined to order his immediate release but ordered him to put the respondent on notice.
The judge ordered him to go and serve all processes he filed on the Federal Government.
Justice Ekwo held that all the averments and allegations made against the Federal Government are so weighty that the court must give the government opportunity to hear from it before taking any step.
He thereafter fixed February 24 for the parties to appear before him.
This development comes after the NDLEA had approached a Federal High Court in Abuja seeking permission to detain Kyari and other suspects beyond the stipulated 48 hours sanctioned by Nigerian law.