A Federal High Court (FHC) in Abuja has ordered the National Drug Less Enforcement Agency (NDLEA) to allow detained Deputy Commissioner of Police (DCP) Abba Kyari access to medical attention.
Justice Inyang Ekwo handed out the order on Monday while ruling on an application for bail filed by Kyari, the suspended Commander of the Intelligence Response Team (IRT) of the Nigeria Police Force (NPF).
Justice Ekwo said Kyari’s request for bail was overtaken by events in view of an earlier order by another judge of the same Federal High Court, Abuja, Justice Zainab Abubakar, granting the NDLEA permission to detain the suspended police officer for 14 days in the first instance.
The judge said since a court of coordinate jurisdiction has ordered Kyari’s detention, he could no longer decide otherwise.
“The only order I can make in addition to what I have said is that the respondent shall allow the applicant to his prescribed and verified medication while in custody,” Justice Ekwo said.
The judge then adjourned till March 15 for hearing of Kyari’s fundamental rights enforcement suit, in which he is among others, challenging his detention and seeking monetary compensation.
His lawyer, Cynthia Ikena had, while arguing the bail application, claimed that her client was suffering from diabetes and that he was hypertensive, which informed why his drugs and food had to be regulated.
Ms. Ikena Alos claimed to have been denied access to Kyari on Thursday when she tried to see him in the custody of the NDLEA.
She added that since her client was arrested on February 12 this year, he had not been on balanced diet despite his health challenges.
Responding, NDLEA’s lawyer, Joseph Sunday argued that it was better to have Kyari remain in custody for h not to interfere with ongoing investigation.
Sunday said although his client has concluded investigation on the drug- related case, it was still investigating Kyari on money laundering issues.
On Kyari’s claim to ill-health, Sunday said his client possesses sufficient capacity to deal with his (Kyari’s) health complaints.
