Tuesday, January 28, 2025 - A Federal High Court in Abuja on Monday, adjourned the N300 million fundamental rights enforcement suit filed by the singer, Darlington Achakpo, popularly known as Speed Darlington, against the police, until March 19 for adoption of processes.
Justice Musa Liman fixed the date after counsel for the
Inspector-General (I-G) of Police, CSP Audu Garba, informed the court that the
police had just filed a further counter affidavit in response to the singer’s
further affidavit served on them in the last adjourned date.
Rosemary Hamza, who appeared for Speed Darlington, said she was yet to
be served to know how to respond appropriately.
The court subsequently fixed March 19 for parties to adopt their
processes.
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 Deji Adeyanju, he sought an order directing the I-G
to immediately and unconditionally release him from the 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 to 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 aggravated 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 October 4, 2024
for allegedly defaming Burna Boy, a popular musician.
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 November 27, 2024, the applicant was arrested and
detained by officers of respondent on the grounds that he allegedly jumped
administrative bail.
This, she said, was 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 September 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, 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 the
subject of a 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 submission of the
police.
Meanwhile, Speed Darlington was, on Jan. 15, admitted to a N20 million
bail with one surety by Justice Ekerete Akpan of a sister count in Abuja.
Justice Akpan gave the order in a ruling on the singer’s bail
application moved by his lawyer, Marshall Abubakar, after he pleaded not guilty
to a two-count charge bordering on alleged cybercrime.
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