Justice Inyang Ekwo of the Federal High Court in Abuja has fixed February 28, to hear the bail application filed by the detained former commander of Intelligence Response Team (IRT), Force Intelligence Bureau, of the Nigerian Police Force, Abba Kyari.
Justice Ekwo fixed the date, after counsel to the National Drug Law Enforcement Agency (NDLEA), Mr Mike Kassa informed the court on Thursday that the bail application was not served on him.
Kassa added that though the applicant counsel served him with a motion on notice, he was yet to be served with the bail application.
However, Kyari’s counsel, Cynthia Ikenna insisted that there was a proof of service to that effect.
She prayed the court to confirm the proof of service in the court file.
After going through the court file, Justice Ekwo directed the applicant’s lawyer, Ikenna to serve Kassa in open court.
The trial Judge subsequently adjourned to February 28, to hear Abba Kyari’s bail application.
Abba Kyari is among other things, praying the court to order FG to pay him N500million and also tender a written apology to him in two national dailies for the unlawful violation of his fundamental human rights.
He is further praying the court for, “a declaration that arrest and continued detention of the Applicant by the Agent of the Respondent without bringing him before a court of competent jurisdiction from 12th of February 2022 till date, is Illegal, unlawful and a gross violation of Applicant’s fundamental right to personal liberty and freedom of movement guaranteed by Section 35(1) of the I999 Constitution of Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.
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 given to the Applicant by the Agent of the Respondent is illegal, unlawful and an infringement on the Applicant’s fundamental human right
A declaration that refusal to grant administrative bail to Applicant on alleged bailable offence is unlawful and infringement on the Apphcant’s fundamental human right.
As well as, “an order of this Honourable Court restraining the Respondent’s agents, servants proxies, police or anyone acting on their behalf from further harassing, detaining, intimidating, arresting the Applicant unlawfully”.
Besides, he prayed the court to order his release on bail to enable him to take care of his deteriorating health condition.
Kyari told the court that he is suffering from “diabetes; high blood pressure and severe heart disease that may cause death”.
“That the Applicant was receiving medical treatment on daily basis due to the seriousness of the illness.
“That since 12th of February, 2022, the Applicant has not accessed any medical treatment, which is very dangerous to his health.
“That failure of the Applicant to check his heart, high blood pressure will result in severe health problems or may even lead to heart failure and death. The medical report from National Hospital is hereby attached and marked as Exhibit A.
“That due to the Applicant being a diabetic patient and on a medical diet, he does not eat outside his home and this is causing a very big hardship on the Applicant that is in NDLEA custody.
“That the health of the Applicant cannot be managed while in NDLEA custody due to the seriousness of his illness. That it is in the interest of justice that this Applicant be admitted to bail on health ground.
“That the Applicant will not jump bail if bail is granted him. That he had a reliable surety who is in court”, read an affidavit he attached in support of the ex-parte application he filed for bail.
Meanwhile, instead of granting the application, Justice Ekwo, ordered Kyari’s lawyer, Cynthia Ikena, to put FG which was cited as the sole Respondent in the matter, on notice.
Justice Ekwo noted that the suit contained some averments that would require FG’s response.
“Upon studying the process of the Applicant and averments in support thereon, I am of the opinion that the Respondent should be put on notice”, the Judge held.