Justice Musa Liman of the 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.
Liman fixed a new date after being informed by CSP Audu Garba, counsel to the Inspector-General of Police, that the police had filed a counter-affidavit in response to the singer’s further affidavit, which was served on them during the previous date of adjournment.
Ms. Rosemary Hamza, counsel to Speed Darlington, informed the court that she had yet to receive the counter-affidavit and, therefore, required time to review and respond accordingly.
The court subsequently scheduled March 19 as the date for the parties to formally adopt and present their respective processes.
Persecondnews reports that in the fundamental rights suit marked FHC/ABJ/CS/1832/2024, Speed Darlington sued the IGP as the sole respondent.
He asked the court to declare his arrest and detention a violation of his fundamental rights under the 1999 Constitution.
In the lawsuit filed by his counsel, Mr. Deji Adeyanju, he requested a court order directing the IGP to immediately and unconditionally release him from detention.
Alternatively, he requested a court order compelling the IGP to produce him in court, so that the court can investigate the circumstances surrounding his arrest and detention, and potentially grant him bail if deemed necessary.
He also sought “an order directing the respondent to pay the applicant the sum of N300,000 million only as general, exemplary, and aggravating damages for their unlawful and continued detention since 2024 till date.”
Persecondnews recalls that Mrs. Esther Eyisi, a secretary in the law firm, alleged in an affidavit that Speed Darlington’s initial arrest occurred on October 4, 2024, for allegedly defaming Burna Boy, a well-known musician.
The affidavit reads: “Speed Darlington was first arrested on October 4, 2024, for allegedly defaming Burna Boy, and was illegally detained for five days, subjected to severe torture and maltreatment without formal charges.
“He was granted bail by the police after five days of inhumane treatment, only to be arrested and detained again on November 27, 2024, for allegedly jumping administrative bail.
“Despite notifying the authorities about a medical emergency and obtaining permission to travel for a performance, Speed Darlington’s continuous detention without arraignment allegedly violated his constitutional rights.”
But in the police counter-affidavit deposed to by SP. David Atama, he averred that on Sept. 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.
SP. Atama stated that Burna Boy alleged that Speed Darlington made threats to his life and intimidated his followers, in contravention of Section 24 of the Cybercrime Prohibition (Prevention) Act, 2015, as amended.
According to the officer, Speed Darlington was invited for questioning, and he cooperated by providing a written statement, in which he admitted to committing the alleged offense.
Speed Darlington was granted a ₦20 million bail with one surety by Justice Ekerete Akpan of a related court in Abuja on January 15.
Justice Ekerete Akpan granted him bail after his lawyer, Mr. Marshall Abubakar, moved the singer’s bail application, following his not-guilty plea to a two-count charge of alleged cybercrime.
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