Justice Inyang Eden Ekwo of the Federal High Court in Abuja on Monday refused to order the Federal Government to release the detained Deputy Commissione of Police, Abba Kyari from custody.
Rather, the Judge ordered that the embattled Kyari should put the Federal Government on notice of the existence of the suit he instituted against it.
The suspended DCP had dragged the Federal Government before the court challenging his continued detention by an agency of government.
In the suit marked FHC/ABJ/CS/182/22, Kyari sought an order of the court to immediately release him and in the alternative, the suspended DCP, who is being held by the National Drug Law Enforcement Agency (NDLEA) over his alleged involvement in hard drug trafficking, asked the court to admit him to bail in liberal conditions.
In an ex-parte application argued by his counsel, Cynthia Obianuju Ikena, Kyari claimed to be suffering from chronic diabetes threatening his life and therefore needs urgent medical attention.
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Justice Ekwo, in his brief ruling, declined to order his immediate release but ordered him to put the respondent on notice.
The judge ordered him to go and serve all processes he filed on the Federal Government.
Justice Ekwo held that all the averments and allegations made against the Federal Government are so weighty that the court must give the government opportunity to hear from it before taking any step.
He thereafter fixed February 24 for the parties to appear before him