A Federal High Court in Abuja on Thursday struck out a fundamental enforcement rights suit filed by deputy police commissioner Abba Kyari against the National Drug Law Enforcement Agency (NDLEA).
Justice Inyang Ekwo dismissed the suit after counsel for the NDLEA, Joseph Sunday, prayed the court that the matter be struck out.
When the matter was called, Kyari’s lawyer Cynthia Ikena was absent.
Justice Ekwo said he was informed that Ikena sent a letter, praying for an adjournment. However, the letter was not filed by the lawyer and therefore not in compliance with court rule.
The judge had, on March 15, threatened to strike out the fundamental enforcement rights suit following the delay by Ikena to serve Sunday her improved affidavit after being served with the counter affidavit since February 28.
Kyari claims that the NDLEA’s allegations against him are fictitious.
He said the agency had failed to establish a prima facie case against him.
Kyari said that his fundamental rights would continue to be infringed upon by the NDLEA if the court did not intervene. He also urged the court to grant the application for bail in the interest of justice.
Kyari and his co-defendants 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.
