A Federal High Court, Abuja on Tuesday threatened to strike out a fundamental enforcement rights suit filed by deputy police commissioner Abba Kyari against the National Drug Law Enforcement Agency (NDLEA).
Justice Inyang Ekwo gave the warning following the delay by Kyari’s lawyer, Cynthia Ikena, to serve NDLEA counsel, Joseph Sunday, her improved affidavit after being served with the counter affidavit since February 28.
At the resumed hearing, Mr Sunday told the court that Ikena only served on him the improved affidavit just before hearing.
The lawyer argued that by virtue of order 2 of Fundamental Enforcement Rights Civil Procedure Rules, 2019, the applicant was out of time to file the application.
Ikena, who complained that she had tried to meet with Kyari in NDLEA’s detention about three times but was denied access, prayed the court for more time to regularise the application.
Justice Ekwo threatened to strike out the suit if the lawyer was unprepared in the next adjourned date.
The judge adjourned the matter until April 7 for hearing.
Among other things, Kyari wants the court to grant him N500 million in damages against the NDLEA over what he called unlawful arrest and detention for alleged involvement in drug deal.
