On December 23, 2024, Justice Liman issued an order directing the Inspector-General of Police (I-G), Kayode Egbetokun, to charge Speed Darlington to court or release him unconditionally within 48 hours.
This order stemmed from an ex-parte motion filed by Speed Darlington’s lawyer, David Ihuoma.
Following this, on January 13, 2025, the Federal High Court in Abuja scheduled a hearing. The hearing is for a ₦300 million fundamental rights enforcement suit. It was filed by the detained singer against the I-G.
This date was set after the singer’s counsel, Abubakar Marshal, requested an adjournment. The adjournment would allow the I-G’s lawyer, Garba Audu, sufficient time to review the legal documents served upon him.
Speed Darlington, a 39-year-old singer, was initially arrested by the police on allegations of “defamation and cyberstalking” against Burna Boy.
Although released on bail on October 8, 2024, Speed Darlington was subsequently rearrested and detained.
Human rights activist Deji Adeyanju alleged that Speed Darlington’s arrest followed a petition filed by Burna Boy. Consequently, he was transferred to Abuja for detention.
During the January 13th hearing, the court confirmed that the police had been duly served with the legal documents.
Despite the I-G’s lawyer claiming he had not yet received them, the court directed Marshal to provide Audu with a copy in open court.
When questioned by the court, Marshal confirmed that Speed Darlington remained in detention. In response, Audu explained that the police had already filed a criminal charge against the singer before the ex-parte motion for release was filed.
He further stated that while the singer was granted administrative bail, he allegedly violated the terms.
Audu elaborated that the initial hearing for the criminal charge, scheduled before Justice Ekerete Akpan, was postponed.
Subsequent attempts to reassign the case to a vacation judge for a timely arraignment were unsuccessful. The court ultimately rescheduled the arraignment for January 15, 2025, before Justice Akpan.
Audu emphasised that the police did not deliberately defy the court’s order. He cited the logistical challenges of arraignment during the Christmas holiday.
In conclusion, Marshal requested the court to order the police to release Speed Darlington to his custody pending the upcoming arraignment.
“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 acknowledged that the police did not intentionally defy the court order. However, she advised Audu, the I-G’s lawyer, to ensure the release of Speed Darlington to Marshal, his legal counsel.
This release was contingent on Marshal’s agreement to produce Speed Darlington in court as required.
“I don’t see anything the police will lose if granted bail,” the judge advised.
The judge adjourned the case to January 13 for the hearing of the substantive matter. According to reports by NAN, the fundamental rights suit, marked FHC/ABJ/CS/1832/2024, was filed by Speed Darlington. He named the Inspector-General of Police (I-G) as the sole respondent.
In the suit, the artist urged the court to declare his arrest and detention as violations of his fundamental rights guaranteed under the 1999 Constitution. He sought four specific orders to address these violations.
In another filing by Adeyanju, he requested an order directing the I-G to immediately and unconditionally release him from the detention facility where he is currently held.
Alternatively, Adeyanju sought an order compelling the I-G to produce him in court.
This would allow the court to assess the circumstances surrounding his arrest and detention. Also, if deemed appropriate, he would be granted bail.
He also sought “an order directing the respondent to pay the applicant the sum of ₦300,000,000.00 (Three Hundred Million Naira) only as general, exemplary and aggravating damages for their unlawful and continued detention since 2024 till date.”
In an affidavit sworn by Esther Eyisi, a secretary at the law firm, she alleged that officers arrested Speed Darlington on October 4, 2024. This was over allegations of defaming Burna Boy.
She stated that the police detained him illegally for five days. During these days, he endured severe torture and maltreatment without being formally charged in a court of competent jurisdiction.
Eyisi further revealed that the police eventually granted the artiste bail after subjecting him to inhumane conditions for five days.
On November 27, 2024, Eyisi claimed, officers of the respondent arrested and detained Speed Darlington again, accusing him of jumping administrative bail.
She asserted that this arrest occurred despite her client notifying the officers of a medical emergency, his inability to report on the scheduled date, and obtaining their permission to travel to Owerri, Imo State, for a performance.
Eyisi argued that the continuous detention of Speed Darlington without arraignment violated his constitutional rights. She emphasized his role as the “breadwinner” of his family and called the detention unjust and unlawful.
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