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Federal High Court in Abuja has adjourned a N300 million fundamental rights enforcement suit filed by Speed Darlington, against the police until January 27.
The presiding judge, Justice Musa Liman moved the date
after counsel for Inspector-General of Police (IGP), CSP Audu Garba filed an application seeking a short date to enable him to study the further affidavit served on him in the open court by the claimant’s lawyer, Abubakar Marshall.
When the case was called, Marshal told the court that the case was for hearing of the substantive application for fundamental right enforcement of his client.
Garba said the police had served their counter affidavit on Friday and a further affidavit had also been filed in response. He however said he hasn’t been served the further affidavit.
When the judge asked him when the further affidavit was filed, Marshall said, “It was filed this morning my lord.”
With the court’s permission, Marshall served the police lawyer with a copy of the further affidavit.
When he sought to move the application, Garba objected to the request, saying he would need more time to study the further affidavit to know if new issues of facts and law were raised to enable him to respond appropriately.
Justice Liman then adjourned the matter until Jan. 27 for adoption.
In the fundamental right suit marked: FHC/ABJ/CS/1832/2024, Speed Darlington sued I-G as sole respondent. He asked the court to declare that his arrest and detention violated his fundamental rights as guaranteed by 1999 Constitution, and sought four orders.
In the suit filed by Adeyanju, he sought an order directing the I-G to immediately and unconditionally release him from detention facility where he is being kept.
He also sought an order mandating and compelling the I-G 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.
Additionally, he 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 the 2024 till date.”
In the affidavit deposed by Esther Eyisi, a secretary in the law firm, she alleged that Speed Darlington was first arrested on Oct. 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 and was later granted bail by the police after spending five days under inhumane conditions.
Eyisi said that on Nov. 27, 2024, the applicant was arrested and detained by officers of the respondent because he allegedly jumped administrative bail.
She noted the singer was detained 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.
The secretary said the continuous detention of Speed Darlington without arraignment contravened his constitutional rights, describing him as the “breadwinner in his family.”
However, in the police counter affidavit deposed to by SP David Atama, he stated that on Sept. 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.
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 in the course of the investigation, Speed Darlington was invited and he came and wrote a statement, admitting the commission of the offence.
But in the further affidavit, Speed Darlington said he had never admitted to committing any offence. He said the allegations in the counter affidavit were false and misleading as Burna Boy “himself had confirmed the allegation which is now subject of brute joke that several personalities have been making publicly in respect of the said Burna Boy.”
The singer said he had never jumped bail contrary to the police submission.
