On Thursday, the Federal High Court in Abuja rejected a basic rights enforcement action filed by Abba Kyari, a suspended deputy commissioner of police (NDLEA).
For lack of diligence by Mr Abba Kyari, legal team, the judge rejected the N500 million basic rights complaint.
Mr Kyari sued to dispute his claimed wrongful imprisonment by the NDLEA in February, when he and others were accused of cocaine trafficking.
The agency then charged him and his co-defendants before another Federal High Court judge in Abuja. In the meanwhile, the trial court has ordered him and his co-defendants to be detained throughout his trial
According to the News Agency of Nigeria (NAN), Mr Kyari’s counsel, Cynthia Ikena, was missing on Thursday.
NDLEA’s Director of Prosecution and Legal Services, Joseph Sunday, requested the court to dismiss the action.
The judge responded by noting that Ms Ikena had submitted a letter requesting an adjournment.
The judge ordered Mr. Sunday, the NDLEA’s attorney, to see the letter. By court regulation, he was not copied in the letter.
He stated the letter was not filed by the petitioner and consequently not in conformity with the court’s regulation.
He asked the court to dismiss the case.
Ekwo dismissed the matter after hearing the NDLEA’s counsel.
The court dismissed the lawsuit after reviewing the evidence and determining that the parties had combined matters.
The judge had threatened to dismiss the litigation if Mr Abba Kyari’s lawyer had not served NDLEA counsel with a file.
Mr Kyari, who also has fraud accusations pending against him in the U.S. and faces extradition procedures in Nigeria, filed a claim for the enforcement of his basic rights against NDLEA in February.
In the paper, Mr Kyari said the NDLEA had failed to build a prima facie case against him.
He denied the anti-drug agency’s claim that he was part of an international drug syndicate.
He claims he has been detained by the Nigerian Police Force and turned over to the NDLEA since February 12, without access to medical care.
He sought N500 million in damages from the NDLEA for claimed wrongful arrest and imprisonment.
He also demanded that the NDLEA publish two written apologies in two national publications.