The Abuja division of the Federal High Court has adjourned till January 27, a N300 million fundamental rights enforcement suit against the Inspector General of Police by the detained Singer, Darlington Achakpo, (popularly known as Speed Darlington).
Justice Musa Liman fixed the date consequent upon an application by counsel for the Inspector-General (I-G) of Police, CSP Audu Garba, seeking a short date to enable him study the further affidavit served on him in the open court by Achakpo’s lawyer, Abubakar Marshall.
When the matter was called, Marshal informed the court that the matter was for hearing of the substantive application for fundamental right enforcement of his client.
He said the police served on them their counter affidavit on Friday and that a further affidavit had also been filed in response.
Garba said though he filed their counter affidavit, he was yet to be served with the further affidavit.
Justice Liman asked Marshall when the further affidavit was filed.
“It was filed this morning my lord,” he said.
With the leave of the court, Marshall served Garba with a copy of the further affidavit.
When Marshall sought to move the application, the police lawyer objected to the request.
He said he would need more time to study the further affidavit through to know whether new issues of facts and law were raised to enable him respond appropriately.
Justice Liman adjourned the matter until January 27 for adoption.
In the fundamental right suit marked: FHC/ABJ/CS/1832/2024, Speed Darlington sued I-G as sole respondent.
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 Adeyanju, he sought an order directing the I-G to immediately and unconditionally release him from detention facility where he is being kept.
Alternatively, he sought an order mandating and compelling the I-G to produce him before the court to enable the court inquire into the circumstances constituting grounds of his arrest and detention and where it deems fit, admits 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 the 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 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.
Eyisi averred that the artiste was eventually granted bail by the police after spending five days under inhumane conditions.
According to her, on Nov. 27, 2024, the applicant was arrested and detained by officers of respondent on the grounds that he allegedly jumped administrative bail.
This, she said, is in spite of 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 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 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 subject of 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.
