The National Drug Law Enforcement Agency (NDLEA), has been sued by suspended Deputy Commissioner of Police (DCP) Abba Kyari, for N500 million in damages over alleged wrongful arrest and imprisonment. ayokinews.com reports
Kyari also requested an order instructing the NDLEA to make a written apology to him in two national dailies in an originating petition on notice filed before Justice Inyang Ekwo of a Federal High Court in Abuja, dated FHC/ABJ/CS/182/22.
Kyari’s lawyer, C. O. Ikena, requested a court order “restraining the respondent (NDLEA), its agents, servants, privies, police, or anybody acting on their behalf from further harassing, detaining, threatening, or arresting the applicant illegally” in an application dated February 16 and submitted February 17.
“An order of this court directing the respondent to pay the sum of N500,000,000.00 (Five Hundred Million Naira) to the applicant, for unlawful violation of the applicant’s constitutional right provided for in Sections 35 and 36 of the Constitution of the Federal Republic of Nigeria (As Amended).”
Kyari also asked that the court make a declaration stating that his arrest and continued detention by the NDLEA “without bringing him before a court of competent jurisdiction from February 12 to date is illegal, unlawful, and a gross violation of his fundamental rights,” according to his motion.
He claims that Section 35(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, guarantees to protect his personal liberty and freedom of movement.
“A declaration that announcing the applicant in the press without giving him right to fair hearing nor establishing a prima-facie case against him is illegal, unlawful, and an infringement on his fundamental right.”
“A declaration that declaring the applicant syndicate of the suspect without establishing a prima-facie case against the applicant is unlawful and an infringement on his fundamental right.”
“A declaration that torture, degrading and inhuman treatment giving the applicant by the agent of the respondent is illegal, unlawful and an infringement on the applicant fundamental human right.”
“A declaration that refusal to grant administrative bail to applicant on alleged bailable offence is unlawful and infringement on the applicant’s fundamental human right.”
Source (Credit): NAN
