Abba Kyari was arrested recently for alleged involvement in drug racketeering and for aiding and abetting in internet fraud activities with Hush Puppy, Africa’s biggest internet fraudster.
Abba Kyari, the detained Deputy Commissioner of Police has demanded N500 million in damages against the National Drug Law Enforcement Agency (NDLEA) over his alleged unlawful detention.
In a fundamental rights enforcement suit, Mr Kyari also sought an order restraining NDLEA, its agents, servants, privies, police or anyone acting on their behalf from further harassing, detaining, intimidating, and arresting him unlawfully.
Recall the NDLEA had arrested Mr Kyari on February 14 on the allegation of his involvement in a case of illicit drug trafficking involving a perpetual transnational drug cartel. Mr Kyari has since then been detained in their custody.
What happened in court
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In his originating summons, Mr Kyari through his lawyer is seeking the enforcement of his fundamental human rights enshrined under the 1999 constitution and Article 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.
He sought the court to declare his arrest and continued detention by the NDLEA “without bringing him before a court of competent jurisdiction from February 12 till date as illegal, unlawful and a gross violation of his fundamental rights
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He also sought the following reliefs;
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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).
A declaration that announcing the applicant in the press without giving him the 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 an alleged bailable offence is unlawful and an infringement on the applicant’s fundamental human right.
However, in a report by Nairametrics, despite entreaties by his legal team, Kyari has been denied bail and has since his arrest been detained in the custody of the NDLEA until further hearing.