THE Abuja Division of the Federal High Court on Wednesday threatened to strike out a fundamental enforcement rights suit filed by a suspended police officer, Abba Kyari, against the National Drug Law Enforcement Agency.
Justice Inyang Ekwo issued the threat following the delay by Kyari’s lawyer, Cynthia Ikena, to serve NDLEA’s counsel, Joseph Sunday, an affidavit after being served with the counter-affidavit since February 28.
At the resumed hearing, NDLEA’s counsel said Ikena only served him the “further and better” affidavit on Wednesday morning.
The lawyer argued that by virtue of Order 2 of the Fundamental Enforcement Rights Civil Procedure Rules, 2019, the applicant was out of time to file the application.
Ikena, who complained that she had tried to meet with Kyari in NDLEA’s detention about three times but was denied access, prayed the court for more time to regularise the application.
Ekwo, in a short ruling, threatened to strike out the suit if the lawyer was unprepared for the next adjourned date.
“Put your house in order before the next date of hearing, and if you do not, I will assume you are frustrating this matter and the suit will be struck out,” he said.
The judge adjourned the matter till April 7 for hearing.
