Justice Inyang Ekwo of a Federal High Court in Abuja on Monday refused to order the Federal Government to release the detained Deputy Commissioner of Police, Abba Kyari, from the custody of the National Drug Law Enforcement Agency.
Rather, the judge ordered that the embattled cop 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 the NDLEA.
In the suit marked FHC/ABJ/CS/182/22, Kyari sought an order of court to immediately release him and in the alternative, to admit him to bail in liberal conditions.
The suspended DCP is being held by the NDLEA over his alleged involvement in drug trafficking.
In an ex-parte application argued by his counsel, Cynthia Ikena, Kyari claimed to be suffering from chronic diabetes threatening his life and therefore needs urgent medical attention.
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 government are so weighty that the court must give the government the opportunity to hear from it before taking any step.
He thereafter fixed February 24 for the parties to appear before him.
