By Taiye Agbaje
A Federal High Court, Abuja, on Thursday, fixed Feb. 28 for hearing a bail application filed by suspended Deputy Commissioner of Police (DCP) Abba Kyari.Justice Inyang Ekwo adjourned the matter after counsel to the National Drug Law Enforcement Agency (NDLEA), Joseph Sunday, Director of Legal Services in the agency, prayed the court for more time to respond to Kyari’s bail application.
Sunday came into the court shortly before the matter was called for the second time after it was stood down.Justice Ekwo, who advised the NDLEA to put its house in order, adjourned the matter until Feb. 28 for hearing the motion for bail and other applications.
The News Agency of Nigeria (NAN) earlier reports that the court had rejected the NDLEA’s objection to take the bail application of Kyari.Ekwo declined to the objection after counsel, who appeared for the agency earlier in the day, Mike Kassa, informed that the respondent (NDLEA) was yet to be served with the bail application.The development followed Cynthia Ikena, lawyer to Kyari’s remark that the matter was fixed for hearing the bail application shortly after the matter was called.Ikena said having complied with the court order made on Feb. 21, she was ready to move the bail motion.
She told the court that the respondent had been duly served.But Kassa said though the applicant counsel served him with Kyari’s motion on notice to seek his fundamental rights enforcement, he was yet to be served with the bail application.He said that he had only responded to the applicant’s main suit.Ikena said the counter affidavit in reply to their motion on notice was only served on her this morning by Kassa and that she had not responded to it either.Ikena, however, insisted that the bail application had been duly served on the NDLEA (respondent).She prayed the judge to confirm the proof of service in the court file.After going through the court file, Ekwo directed Ikena to serve Kassa with a copy of the bail application in open court and stood down the matter for an hour.“I am going to allow them to take the motion for bail.“
If you have not been served, then I can allow that you be served now and stand down the matter for an hour,” the judge told Kassa.“Give him a copy, case stood down for one hour,” he had ruled.
The News Agency of Nigeria (NAN) reports that Kyari, through his lawyer, had, on Feb. 21, approached the court with an ex-parte motion and originating summons seeking for a bail and asking the court to enforce his fundamental human rights which he alleged had been breached by unlawful arrest and detention.Kyari, in the main suit, urged the court to make an order directing the NDLEA to pay him N500 million for infringing on his rights.
He also asked the court to direct the agency to tender a public apology in national dailies.Justice Ekwo fixed today for hearing the bail application and directed Kyari’s lawyer to put NDLEA on notice and serve the agency with the hearing notice.(NAN)