The Abuja Division of the Federal High Court on Monday adjourned a N300 million fundamental rights enforcement suit filed by the detained singer, Darlington Achakpo, popularly known as Speed Darlington, against the police until January 27.
Justice Musa Liman fixed the date following an application by counsel for the Inspector-General of Police (IGP), CSP Audu Garba, seeking a short date to enable him to study the further affidavit served on him in the open court by Mr Achakpo’s lawyer, Abubakar Marshall.
When the matter was called, Mr Marshal informed the court that the matter was for hearing of his client’s substantive application for fundamental right enforcement.
He said the police served on them their counter affidavit on Friday and that a further affidavit had also been filed in response.
Mr Garba said that though he had filed their counter affidavit, he had yet to be served with the further affidavit.
Mr Liman asked Mr Marshall when the further affidavit was filed.
“It was filed this morning, my lord,” he said.
With the leave of the court, Mr Marshall served Mr Garba with a copy of the further affidavit.
When Mr Marshall sought to move the application, the police lawyer objected. He said he would need more time to study the further affidavit to know whether new issues of facts and law were raised to enable him to respond appropriately.
Mr Liman adjourned the matter until January 27 for adoption.
Speed Darlington sued IGP as the sole respondent in the fundamental right suit marked FHC/ABJ/CS/1832/2024.
The artiste, who urged the court to declare that his arrest and detention violated his fundamental rights as guaranteed by the 1999 Constitution, sought four orders.
In the suit filed by Mr Adeyanju, he sought an order directing the IGP to immediately and unconditionally release him from the detention facility where he is being kept.
Alternatively, he sought an order mandating and compelling the IGP to produce him before the court to enable the court to inquire into the circumstances constituting grounds of his arrest and detention and, where it deems fit, admit him to bail.
He also sought “an order directing the respondent to pay the applicant the sum of N300,000,000.00 (three hundred million naira) only as general, exemplary, and aggravating damages for their unlawful and continued detention since 2024 till date.”
In the affidavit deposed to by Esther Eyisi, a secretary in the law firm, she alleged that Speed Darlington was first arrested on October 4, 2024, for allegedly defaming Burna Boy.
She said he was illegally detained for five days and subjected to severe torture and maltreatment without being formally charged to a court of competent jurisdiction.
Ms Eyisi averred that the police eventually granted the artiste bail after spending five days under inhumane conditions.
According to her, on November 27, 2024, the applicant was arrested and detained by officers of the respondent on the grounds that he allegedly jumped administrative bail.
She said this was despite notification from her client about his medical emergency and his inability to report on the scheduled date and obtaining the permission of the officers of the respondent to travel to Owerri, Imo, for a performance.
She said the continuous detention of Speed Darlington without arraignment contravened his constitutional rights, describing him as the “breadwinner in his family.”
But in the police counter affidavit deposed to by SP David Atama, he averred that on September 24, 2024, his office received a petition from the nominal complainant, Damini Ebunoluwa Ogulu, popularly known as Burna Boy, through his counsel, G.C. Ijioma of Rockfold Chambers.
Mr Atama said Burna Boy alleged threat to his life, intimidation, and cause of breakdown of law and order among his followers, contrary to section 24 of the Cybercrime Prohibition (Prevention) Act, 2015 (as amended).
The officer alleged that during the investigation, Speed Darlington was invited, and he came and volunteered a written statement and admitted the commission of the offence.
But in the further affidavit, Speed Darlington said he had never admitted to committing any offence.
The singer said the allegations in the counter affidavit were false and misleading, as Burna Boy “himself had confirmed the allegation, which is now the subject of a brute joke that several personalities have been making publicly in respect of the said Burna Boy.”
He said he had never jumped bail, contrary to the police submission.
(NAN)
