Court fixes Jan 13 to hear Speed Darlington’s N300m suit against IGP
By Jeffrey Agbo
A Federal High Court in Abuja has scheduled January 13, 2025, to hear a N300 million fundamental rights enforcement suit filed by singer Darlington Achakpo, popularly known as Speed Darlington, against the Inspector-General of Police (IGP), Kayode Egbetokun.
Justice Musa Liman set the date after Speed Darlington’s counsel, Abubakar Marshal, requested an adjournment to allow the IGP’s legal team, represented by Garba Audu, time to review and respond to the court documents served during the session.
The case stems from a previous ruling by Justice Liman on December 23, 2024, where the court ordered the IGP to either charge Speed Darlington to court or release him unconditionally within 48 hours. This ruling followed an ex-parte motion presented by the singer’s lawyer, David Ihuoma.
Speed Darlington, 39, was reportedly arrested on allegations of defamation and cyberstalking directed at renowned artiste Damini Ogulu, popularly known as Burna Boy. Although he was released on bail on October 8, 2024, the singer filed the lawsuit to seek redress for what he claims to be a violation of his fundamental rights.
The court’s decision on January 13 will address the substantive issues raised in the suit, including the N300 million damages sought by Speed Darlington.
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.
Upon resuming hearing in the matter on Monday, 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.
Responding, Audu explained to the court that the IGP had already filed a criminal charge against Speed Darlington before the singer filed the motion ex-parte for his release.
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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 can 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.
The lawyer further explained that contrary to insinuation, 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 during 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 makes 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.
He subsequently adjourned the matter until January 13 for hearing of the substantive matter.
In the fundamental right suit marked: FHC/ABJ/CS/1832/2024, Speed Darlington sued IGP as sole respondent.
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.
In the suit filed by Adeyanju, he sought an order directing the IGP to immediately and unconditionally release him from the detention facility where he is being kept.
Alternatively, he sought an order mandating and compelling the IGP to produce him before the court to enable the court to inquire into the circumstances constituting grounds of 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 (Three Hundred Million Naira) only as general, exemplary and aggravating damages for their unlawful and continued detention since the 2024 till date.”
In the affidavit deposed by Esther Eyisi, a secretary in the law firm, she alleged that Speed Darlington was first arrested on Oct. 4, 2024, for allegedly defaming Burna Boy.
She said he was illegally detained for five days and subjected to severe torture and maltreatment without being formally charged to a court of competent jurisdiction.
Eyisi averred that the artiste was eventually granted bail by the police after spending five days under inhumane conditions.
According to her, on November 27, 2024, the applicant was arrested and detained by officers of the respondent on the grounds that he allegedly jumped administrative bail.
This, she said, is in spite of notification from her client about his medical emergency and his inability to report on the scheduled date and obtaining the permission of the officers of the respondent to travel to Owerri, Imo for a performance.
She said the continuous detention of Speed Darlington without arraignment contravened his constitutional rights, describing him as the “breadwinner in his family.”
