From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has fixed January 13 to commence hearing in a N300 million fundamental rights enforcement suit filed by the detained singer, Darlington Achakpo, (popularly known as Speed Darlington) against the Inspector-General (I-G) of Police, Kayode Egbetokun.
In the fundamental rights suit marked FHC/ABJ/CS/1832/2024, Speed Darlington sued the I-G as the sole respondent.
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 October 8, 2024.
A lawyer and human rights 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.
In the pending suit, 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.
Besides, the action filed by his counsel, Deji Adeyanju, the singer 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 for his arrest and detention and, where it deems fit, admit him to bail.
He also sought “an order directing the respondent to pay the applicant the sum of N300,000,000.00 only as general, exemplary, and aggravating damages for their unlawful and continued detention since 2024 till date.”
Meanwhile, Justice Musa Liman has fixed the hearing date after counsel for the singer, Abubakar Marshal, sought an adjournment to enable the I-G’s lawyer, Garba Audu, to study and respond accordingly to the processes served on him in the open court.
Justice Liman had, on December 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 a lawyer who appeared for Achakpo, David Ihuoma, and adjourned the matter until January 6 for the hearing of the substantive case.
When the matter came up yesterday, 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.
In his response, counsel to the I-G, Audu, explained 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 could be arraigned but all to no avail.
He explained that the criminal matter was now fixed for January 15 for Speed Darlington’s arraignment before Justice Akpan.
Audu further explained that contrary to insinuations, 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 due to 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 undertaken to produce him in court.
“I don’t see anything the police will lose if granted bail,” the judge advised.
The matter was subsequently adjourned until January 13 for the hearing of the substantive matter.