Justice Inyang Ekwo of a Federal High Court in Abuja, on Monday, refused to order the Federal Government to release the embattled Deputy Commissioner of Police, Abba Kyari, from the custody of the National Drug Law Enforcement Agency.
Rather, the judge ordered that Kyari should put the Federal Government on notice of the existence of the suit he instituted against it.
The suspended cop 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, who is being held by the NDLEA over his alleged involvement in a drug deal, sought an order of the court to immediately release him and asked to be admitted to bail in liberal conditions.
In an ex parte application argued by his counsel, Cynthia Ikena, Kyari claimed to be suffering from chronic diabetes threatening his life and, therefore, needed 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 also 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 were so weighty that the court must give the government the opportunity to hear from it before taking any step.
He fixed Thursday for the parties to appear before him.
