Alleged Unlawful Detention: Abba Kyari demands N500m in damages against NDLEA

The suspended Deputy Commissioner of Police (DCP), Abba Kyari, has demanded N500 million in damages from the National Drug Law Enforcement Agency (NDLEA) over alleged unlawful arrest and detention.

Mr Kyari, in an originating motion on notice marked: FHC/ABJ/CS/182/22, filed before Inyang Ekwo of the Federal High Court, Abuja, also sought an order directing the NDLEA to tender a written apology to him in two national dailies.

The motion, dated February 16 and filed February 17 by his lawyer, C. O. Ikena, also sought an order “restraining the respondent (NDLEA), its agents, servants, privies, police or anyone acting on their behalf from further harassing, detaining, intimidating, arresting the applicant unlawfully.

“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).”

In the motion to enforce his fundamental rights, Mr Kyari also sought a declaration that his arrest and continued detention by the NDLEA “without bringing him before a court of competent jurisdiction from Feb. 12 till date is illegal, unlawful and a gross violation of his fundamental rights

He said his personal liberty and freedom of movement is guaranteed by Section 35(1) of the 1999 Constitution of Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.

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His prayers read: ”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.”