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Judge threatens to dump Abba Kyari’s rights suit over delay tactics

By Ameh Ochojila and Ernest Nzor, Abuja (with agency report)
16 March 2022   |   4:07 am
Justice Inyang Ekwo of the Federal High Court, Abuja has threatened to strike out a fundamental enforcement rights suit filed by suspended DCP Abba Kyari against the National Drug Law Enforcement Agency (NDLEA).

Suspended Nigerian Commissioner of Police, Abba Kyari appeared at the Federal High Court over offences of illegal cocaine dealing at the Federal High Court in Abuja, Nigeria on March 7, 2022. – A high-profile Nigerian police commander once dubbed the country’s “super cop” pleaded not guilty to drug smuggling charges on Monday a month after he was arrested in spectacular fall from grace. (Photo by Kola Sulaimon / AFP)

Court adjourns hearing in CNG’s case for Biafra referendum till May 20

Justice Inyang Ekwo of the Federal High Court, Abuja has threatened to strike out a fundamental enforcement rights suit filed by suspended DCP Abba Kyari against the National Drug Law Enforcement Agency (NDLEA).

He gave the warning following the delay by Kyari’s lawyer, Cynthia Ikena, to serve NDLEA counsel, Joseph Sunday, her further and better affidavit after being served with the counter-affidavit since February 28.

At the resumed hearing yesterday, Sunday, a Director of Prosecution and Legal Services of the agency, informed the court that Ikena only served on him the further and better affidavit yesterday morning.

His words: “The matter was adjourned for the hearing of fundamental enforcement rights of the applicant (Kyari).

“This morning (yesterday), we were served with applicant’s further and better affidavit.

“We filed our counter-affidavit since February 24 and served the applicant February 28 but today (yesterday), they are just serving us.”

The attorney argued that by virtue of Order 2 of Fundamental Enforcement Rights Civil Procedure Rules, 2019, the applicant was out of time to file the application.

Ikena, who claimed to make three futile to meet Kyari in NDLEA’s custody, prayed the court for more time to regularise the application.

In his short ruling, the judge threatened to strike out the suit if the lawyer was unprepared in the next adjourned date.

“Put your house in order before the next date of hearing and if you do not, I will assume you are frustrating this matter and the suit will be struck out,” he stated.

Subsequently, Justice Ekwo adjourned the matter till April 7 for hearing. The embattled super cop, who filed the N500 million case against the Federal Government, is standing trial for his alleged involvement in drug trafficking.

BESIDES, the court adjourned till May 20 hearing in the suit filed by the Coalition of Northern Groups (CNG) seeking a referendum to determine the fate of Biafra and other self-determination agitators.

Justice Ekwo, who presided over the matter for the first time could not proceed because some parties, who seek to be joined in the suit, were yet to serve the plaintiff.

He, therefore, adjourned the case for the necessary services to be effected.

Counsel to CNG, Sufiyanu Gambo Idris, and the group’s spokesperson, Abdul-Azeez Suleiman, later addressed reporters on their resolve for the suit.

Also, the Igbo Nation lead counsel,. Victor Onwaremadu, said: “This is an interesting development, which shows the unity in Nigeria. You can see Hausa/Fulani, Yoruba and Igbo saying that they want to be party to this suit.”

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