A Federal High Court situated in Abuja on Monday convened, deferring the N300 million fundamental rights enforcement lawsuit initiated by the musician Darlington Achakpo, widely recognized as Speed Darlington, against the police, until March 19 for the formal acceptance of legal documents.
Justice Musa Liman established the date subsequent to the counsel representing the Inspector-General (I-G) of Police, CSP Audu Garba, notifying the court that the police had recently submitted an additional counter affidavit in reaction to the singer’s supplementary affidavit served to them during the previous court session.
Rosemary Hamza, who represented Speed Darlington, asserted that she had yet to receive the necessary documentation to formulate an appropriate response.
The court consequently scheduled March 19 for the involved parties to formally adopt their respective legal processes.
In the fundamental rights lawsuit designated as FHC/ABJ/CS/1832/2024, Speed Darlington identified the Inspector-General as the sole respondent.
The artist, who implored the court to affirm that his arrest and subsequent detention infringed upon his fundamental rights as enshrined in the 1999 Constitution, sought the issuance of four specific orders.
In the legal action filed by Deji Adeyanju, he requested an order directing the Inspector-General to effectuate the immediate and unconditional release of the applicant from the detention facility wherein he is currently held.
Alternatively, he sought an order compelling the Inspector-General to present him before the court, thereby enabling the judiciary to investigate the circumstances that substantiate the grounds for his arrest and detention and, if deemed appropriate, to grant him bail.
He also sought “an order mandating the respondent to compensate the applicant with the sum of N300,000,000.00 (Three Hundred Million Naira) solely as general, exemplary, and aggravated damages for their unlawful and protracted detention from 2024 to the present date.”
In the affidavit sworn by Esther Eyisi, an administrative assistant at the law firm, she alleged that Speed Darlington was initially apprehended on October 4, 2024, for purportedly defaming Burna Boy, a prominent musician.
She stated that he was unlawfully detained for a duration of five days and subjected to extreme torture and maltreatment without being formally charged in a court of competent jurisdiction.
Eyisi asserted that the artist was ultimately granted bail by the police following his five-day ordeal under inhumane conditions.
According to her account, on November 27, 2024, the applicant was arrested and confined by officers of the respondent on the basis that he allegedly violated the terms of administrative bail.
This, she contended, occurred despite prior notification from her client regarding a medical emergency that precluded him from reporting on the scheduled date, as well as having obtained permission from the respondent’s officers to travel to Owerri, Imo for a performance.
She characterized the ongoing detention of Speed Darlington without arraignment as a violation of his constitutional rights, emphasizing his role as the primary financial supporter of his family.
However, in the police’s counter affidavit sworn by SP David Atama, he stated that on September 24, 2024, his office received a petition from the nominal complainant, Damini Ebunoluwa Ogulu, commonly known as Burna Boy, through his legal representative 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.
