Court decision on Speed Darlington’s suit against IGP

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A Federal High Court in Abuja on Monday, adjourned the N300 million fundamental rights enforcement suit filed by the musician, Darlington Achakpo, commonly known as Speed Darlington, against the police, till March 19 for adoption of processes.

Justice Musa Liman scheduled the date after counsel for the Inspector-General (I-G) of Police, CSP Audu Garba, informed the court that the police had just filed a further counter affidavit in response to the singer’s further affidavit served on them at the last postponed date.

Speed Darlington’s Rosemary Hamza claimed she hadn’t been served yet and didn’t know how to react.

The court then gave the parties till March 19 to adopt their procedures.

In FHC/ABJ/CS/1832/2024, Speed Darlington filed a fundamental rights lawsuit against I-G as the only respondent.

The artist requested four orders from the court, arguing that his arrest and incarceration were a violation of his fundamental rights as outlined in the 1999 Constitution.

Deji Adeyanju filed the lawsuit, requesting an injunction compelling the I-G to liberate him from the detention facility where he is being held immediately and unconditionally.

As an alternative, he requested an order for the I-G to bring him before the court so that it may investigate the reasons behind his arrest and imprisonment and, if appropriate, grant him 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 aggravated damages for their unlawful and continued detention since the 2024 till date”.

According to the statement filed by the legal firm’s secretary, Esther Eyisi, Speed Darlington was initially taken into custody on October 4, 2024, on suspicion of defaming well-known singer Burna Boy.

She claimed that without being formally prosecuted in a court of competent jurisdiction, he was unlawfully held for five days and endured extreme torture and mistreatment.

Eyisi claimed that after five days under cruel conditions, the artist was finally given bail by the authorities.

She claims that on November 27, 2024, respondent officers arrested and detained the applicant on suspicion of violating administrative bail.

She claimed that this was the case despite receiving notification from her client of his medical emergency, which prevented him from reporting on the appointed date, and securing consent from the respondent’s officers to go 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”.

Nevertheless, SP David Atama claimed in the police counter-affidavit he deposed to that on September 24, 2024, his office received a petition from the nominal complainant, Burna Boy, also known as Damini Ebunoluwa Ogulu, via his attorney, G.C. Ijioma of Rockfold Chambers.

According to Atama, Burna Boy’s followers made threats against him and intimidated him, which is against 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 claimed that, in contrast to the police’s argument, he had never jumped bail.

On January 15, however, Justice Ekerete Akpan of a sister count in Abuja allowed Speed Darlington to a N20 million bail with one surety.

After the singer entered a not guilty plea to a two-count charge that bordered on alleged cybercrime, his attorney, Marshall Abubakar, requested bail, and Justice Akpan granted it.

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