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Fundamental Rights: Court strikes out Abba Kyari’s suit against NDLEA

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A Federal High Court in Abuja has dismissed a fundamental enforcement rights suit filed by suspended DCP Abba Kyari against the National Drug Law Enforcement Agency (NDLEA).

Justice Inyang Ekwo dismissed the suit on Thursday, after counsel for the NDLEA, Joseph Sunday, prayed the court that the matter be struck out.

When the matter was called, Cynthia Ikena, lawyer to Kyari, was absent.

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Sunday, NDLEA’s Director of Prosecution and Legal Services, urged the court to strike out the suit.

Justice Ekwo said he was informed that Ikena sent a letter, praying the court for an adjournment.

But the letter was not filed by the lawyer and therefore not in compliance with the court rule.

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The judge directed that the letter be shown to the NDLEA’s counsel.

Sunday, who expressed surprise with the development, said he was not copied in the letter in accordance with the rule of the court.

After listening to NDLEA’s lawyer, Justice Ekwo struck out the case.

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Also, the judge, after going into the substantive matter and seeing that parties had joined issues in the suit, went ahead to dismiss the case.

It would be recalled that Ekwo had, on March 15, threatened to strike out the fundamental enforcement rights suit following the delay by Ikena to serve Sunday her further and better affidavit after being served with the counter affidavit since Feb. 28.

Justice Ekwo, in a short ruling, had threatened to strike out the suit if the lawyer was unprepared in the next adjourned date.

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“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 said.

According to reports, Kyari had said that the NDLEA’s allegations against him were fictitious.

The suspended DCP disclosed this in an affidavit in support of his motion ex-parte marked: FHC/ANJ/CS/182/22 and filed before Ekwo.

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The affidavit, dated Feb. 16 and filed Feb. 17, was deposed to by Kyari’s younger brother, Muhammad  Usman.

Kyari, through Ikena, had filled the application to seek for his fundamental rights enforcement.

In the document, Kyari described the allegations against him by NDLEA as “trump-up.”

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He said the agency had failed to establish a prima facie case against him.

He claimed that the allegation linking him to an international drug cartel by the anti-narcotic agency was untrue.

He said since the Nigerian Police Force arrested him and handed him over to the NDLEA, he had been kept in custody since Feb. 12, without having access to his medical treatment.

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He asserted that his arrest and continued detention was an infringement on his fundamental human rights.

Kyari, a former head of the Inspector-General of Police Intelligence Response Team (IRT), in an originating motion on notice marked: FHC/ABJ/CS/182/22, dated Feb. 16 and filed Feb. 17 demanded a N500 million in damages from the NDLEA over alleged unlawful arrest and detention.

He also sought for an order, directing the NDLEA to tender a written apology to him in two national dailies.

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Kyari, who said that his fundamental rights would continue to be infringed upon by the NDLEA if the court did not intervene, urged the court to grant the application for bail in the interest of justice.

Kyari and his co-defendants, who are police officers, in the alleged drug trafficking charge preferred against them and two others before Justice Emeka Nwite of a Federal High Court, Abuja, are currently in Kuje Correctional Centre based on the order of the trial judge.

(NAN)

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Crime

Court remands 2 over alleged attempted murder

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Court discharges man accused of burning father’s house in Abuja

An Ikeja Magistrates’ Court, Lagos, on Wednesday, remanded two persons, Olaitan Fasasi and Kehinde Tobiloba in a correctional facility over alleged attempted murder.

Fasasi, 40, and Tobiloba, 26, whose addresses were not provided, are being charged with conspiracy, attempted murder and membership of a secret society.

The Magistrate, Mr L.A Owolabi, did not take the plea of the defendants for want of jurisdiction.

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Owolabi directed the police to forward the case file to the Director of Public Prosecution for legal advice.

He thereafter adjourned the case until May 31 for mention.

The Prosecutor, Josephine Ikhayere, told the court that the defendants committed the offences at about 5.02p.m on Feb. 15, at Mushin, Lagos.

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She said that Fasasi, Tobiloba and others now at large, attempted to commit murder by shooting at a resident, Alfred Ademola.

“They armed themselves with a locally made gun. They belong to Eiye Confraternity, a group proscribed by law,”, she said.

Ikhayere said that the offences contravened Sections 230(1) and 411 of the Criminal Law of Lagos State, 2012.

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He said that the actions of the defendants also contravened Section 2(3)(a)(b)(c)(d) of the unlawful societies and Cultism Law of Lagos State Law.

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Crime

Man jailed 3 months for stealing mobile phone

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An Area Court in Jos, on Tuesday, sentenced one Jeptha John, to three months imprisonment for stealing a Redmi mobile phone valued at N165, 000.

The judge, Shawomi Bokkos, sentenced the John after he pleaded guilty to the offence.

The judge, however, gave the convict an option to pay N20, 000 fine and N50, 000 restitution to the complainant.

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Bokkos said that if the convict defaulted in paying the restitution, three months should be added to his sentence to make it six months imprisonment.

Earlier, the police prosecutor, Insp Monday Dabit, told the court that the case was reported at the B Division Police Station, Jos, on Dec.  1, 2024, by Ms Nerat Danjuma.

He said that the complainant alleged that the defendant trespassed into her house and stole her mobile phone valued at N165, 000.

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The prosecutor further told the court that the offence contravened the Plateau State Penal Code, Law of Northern Nigeria.

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Crime

Army apprehends 15 over suspected oil theft in Niger Delta

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Troops of the Nigerian army have apprehended no fewer than 15 persons over suspected oil theft and illegal oil bunkering activities in the Niger Delta.

Lt.-Col. Danjuma Danjuma, the Spokesman, Nigerian Army, 6 Division, Port Harcourt, said in a statement on Monday that the operations were carried out in Akwa Ibom, Bayelsa, Delta, and Rivers recently.

Danjuma said that the army apprehended 15 persons, dismantled 32 artisanal refineries and seized 14 boats during operations.

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He further said that during the operations, conducted between Jan. 6 and 12, the troops confiscated no fewer than 60,000 litres of various petroleum products

The spokesman said that the operations were part of a broader collaborative effort with other security agencies to combat oil theft in the Niger Delta region.

Danjuma said that the raid commenced in Bille, Degema Local Government Area, and Rivers, where soldiers dismantled seven illegal refining sites, confiscated 20,000 litres of crude oil, and destroyed two boats.

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“We also deactivated ten illegal refineries, several crude oil cooking pots, and receivers, and recovered about 19,000 litres of stolen petroleum products along the Imo River.

“In Odagwa, Etche, our troops intercepted three boats carrying about 12,000 litres of stolen crude oil and arrested three suspects in the process.

“Similar operations were carried out in Abiama, Asa, Obuzor, Okoloma, Ozaa, Ukwa, and Oyigbo” he added.

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He stated that the soldiers advanced to Nkisa in Ogba/Egbema/Ndoni Local Government Area of Rivers, where they confiscated 1,600 litres of crude oil and 1,200 litres adulterated diesel.

Danjuma said that along Ndoni Road, the troops intercepted a Toyota van transporting an estimated 1,200 litres of stolen condensate.

The spokesman said that in Buguma, Asari-Toru, Rivers, the troops dismantled two illegal refineries, seized 1,500 litres of stolen crude oil, and apprehended five suspects.

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“In Baberegbene, Southern Ijaw, Bayelsa, our soldiers dismantled an illegal artisanal refinery and intercepted a wooden boat carrying no fewer than 1,500 litres of stolen

“Similarly, an illegal refining site containing an unquantified quantity of stolen petroleum products was deactivated in Emago-Kugbo and Oluasiri communities in Nembe, Bayelsa.

“The operations continued in Akwa Ibom and Delta, where troops maintained a strong presence and effectively denied economic saboteurs the liberty to operate,” he said.

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