An Abuja Federal High Court, yesterday, dismissed a fundamental enforcement rights suit filed by suspended Deputy Commissioner of Police, Abba Kyari, against the National Drug Law Enforcement Agency (NDLEA).
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Justice Inyang Ekwo who presided over the court, dismissed the suit after NDLEA counsel, Mr. Joseph Sunday, urged the court that the matter be struck out.
When the matter was called, Kyari’s Counsel, Cynthia Ikena, was absent.
Sunday, NDLEA’s Director of Prosecution and Legal Services, urged the court to strike out the suit, for being incompetent.
Justice Ekwo said he was informed that Ikena sent a letter, praying the court for an adjournment.
But the letter was not filed by the lawyer and therefore not in compliance with the court rule.
The judge directed that the letter be shown to the NDLEA’s counsel.
Sunday, who expressed surprise with the development, said he was not copied in the letter in accordance with the rule of the court.
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He prayed the court to strike out the matter.
After listening to NDLEA’s lawyer, Justice Ekwo struck out the case.
Also, the judge, after going into the substantive matter and seeing that parties had joined issues in the suit, went ahead to dismiss the case.
Justice Ekwo had, on March 15, threatened to strike out the fundamental enforcement rights suit following the delay by Ikena to serve Sunday her further and better affidavit after being served with the counter affidavit since February 28.
Source-: PUNCH.
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