By Taiye Agbaje
A FEDERAL High Court in Abuja on Monday, fixed Jan. 13 to hear a N300 million fundamental rights enforcement suit filed by the detained Singer, Darlington Achakpo, popularly known as Speed Darlington.
He filed the lawsuit against the Inspector-General (I-G) of Police, Kayode Egbetokun.
Justice Musa Liman fixed the date after counsel for the singer, Abubakar Marshal, sought an adjournment to enable the I-G’s lawyer, Garba Audu, study and to respond accordingly to the processes served on him in the open court.
The News Agency of Nigeria (NAN) reports that Justice Liman had, on Dec. 23, 2024, ordered the I-G to charge Speed Darlington to court or release him on bail unconditionally within 48 hours.
The judge made the order in a ruling on an ex-parte motion moved by lawyer who appeared for Achakpo, David Ihuoma, and adjourned the matter until Jan. 6 for the hearing of the substantive case .
The News Agency of Nigeria (NAN) reports that Speed Darlington, 39, was allegedly arrested by the police over allegations of “defamation and cyberstalking” of the ace award-winning artiste, Damini Ogulu, aka Burna Boy but was released on bail on Oct. 8, 2024.
A lawyer and human right activist, Deji Adeyanju alleged that Speed Darlington was apprehended in Lagos State following a petition by Burna Boy, and was moved to Abuja where he had been in detention.
Upon resumed hearing in the matter on Monday, Marshal informed the court that the matter was scheduled for hearing of the originating motion on notice for the enforcement of Achakpo’s fundamental rights.
Although Audu said he was yet to be served with the process, the court however confirmed through the proof of service in the court record that the police were duly served.
The judge thereafter directed Marshal to avail Audu with a copy of the application in the open court.
Justice Liman then asked Marshal if the singer had been released but the lawyer responded in the negative.
Responding, Audu explained to the court that the I-G had already filed a criminal charge against Speed Darlington before the singer filed the motion ex-parte for his release.
He said the singer was admitted to administrative bail but allegedly jumped the bail.
The police lawyer said that the charge, which was filed before Justice Ekerete Akpan of Court 13, came up earlier in December 2024, but could not be heard.
He said an application was also written to the Chief Judge of the Federal High Court for the reassignment of the criminal matter to a vacation judge so that the defendant can be arraigned but all to no avail.
He explained that the criminal matter was now fixed for Jan. 15 for Speed Darlington’s arraignment before Justice Akpan.
The lawyer further explained that contrary to insinuation, the police did not flout the order of the court as it would have been difficult to arraign the defendant at the time the order was made going by the Christmas holiday.
Marshal, therefore, prayed the court to direct the police to release the singer to him pending when he would be arraigned.
“We shall be applying pending the trial and arraignment of the applicant that your lordship make an order admitting him to bail.
“If my lord will, as ministers in the temple of justice, we will ensure his presence in court on the day of arraignment,” he said, but Audu opposed the application.
Justice Liman, who agreed that the police were not in deliberate disobedience to the court order, advised Audu to ensure Speed Darlington is released to Marshal, having undertook to produce him in court.
“I don’t see anything the police will lose if granted bail,” the judge advised.
He subsequently adjourned the matter until Jan. 13 for hearing of the substantive matter.
NAN reports that 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.” (NAN)
