The Federal High Court in Abuja has adjourned the ₦300 million fundamental rights enforcement suit filed by detained singer Darlington Achakpo, known as Speed Darlington, against the Inspector-General of Police (IGP), Kayode Egbetokun.
Justice Musa Liman set the new date to 27 January on Monday after Audu Garba, counsel for the IGP, requested “additional time to review a further affidavit served by Darlington’s lawyer, Abubakar Marshall, in open court”.
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NAN reports that at the hearing, Mr Marshall informed the court that the matter was listed for the hearing of his client’s substantive application to enforce his fundamental rights.
He explained that “the police had served a counter-affidavit on them the previous Friday, and a further affidavit had been filed in response.”
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Mr Garba acknowledged the filing of the counter-affidavit but claimed he “had not yet received the further affidavit”.
Upon inquiry by Mr Liman in the court proceeding, Mr Marshall confirmed that the further affidavit was filed earlier that morning.
With the court’s permission, Mr Marshall proceeded to serve IGP counsel with a copy of the further affidavit.
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However, when Mr Marshall attempted to move the application, Mr Garba objected, citing “the need for more time to review the new affidavit for any fresh issues of fact or law that might require a response.”
Responding to the police’s lawyer’s objection, Mr Liman adjourned the case until 27 January to allow both parties to adopt their arguments.
Lawsuit
PREMIUM TIMES reported that Speed Darlington, on 6 January, through his lawyer Deji Adeyanju, filed the N3 million suit against the IGP, alleging that his arrest and continued detention “violated the rapper’s fundamental rights as enshrined in the 1999 Constitution.”
The singer sought several remedies from the court, including an order for his immediate and unconditional release from police custody or an order requiring the police to produce him before the court. He also demands ₦300 million in general and exemplary damages for what he described as “unlawful and prolonged detention since 2024.”
In an affidavit filed by Esther Eyisi, a secretary in Darlington’s law firm, it was alleged that the singer was first arrested on 4 October 2024 over allegations of defamation involving fellow artiste Burna Boy. According to the affidavit, Darlington was detained for five days, reportedly subjected to “maltreatment,” and released on bail without formal charges being filed against him.
The affidavit stated that Speed Darlington was rearrested on 27 November 2024 for allegedly “violating his bail conditions,” despite notifying the police of a medical emergency and receiving permission to travel for a performance. It argued that his continued detention without arraignment breaches his constitutional rights and highlighted his role as his “family’s primary breadwinner.”
Counter-affidavit
In contrast, NAN reports that the police counter-affidavit, deposed to by David Atama, stated that Burna Boy, through his counsel, had lodged a petition against Darlington, alleging threats to his life.
The counter-affidavit reads, “SP Davia Atama, on Sept. 24, 2024, the office received a petition from the nominal complainant Damini Ebunoluwa Ogulu, popularly known as Burna Boy, through G.C. Ijioma of Rockfold Chambers. Burna Boy alleged threat to his life, intimidation and cause of breakdown of law and order among his followers contrary to Section 24 of the Cybercrime Prohibition (Prevention) Act, 2015 (as amended).”
According to the police, Darlington was invited for questioning and allegedly made admissions about the offence.
However, in a further affidavit, Darlington denied ever making such admissions, describing the claims as false and misleading. Darlington insisted that the allegations made by Burna Boy have since become “a subject of brute joke that several personalities have been making publicly in respect of the said Burna Boy.” The rapper added that he had never jumped bail contrary to the police submission.
Contentious bail
After spending nearly a month in police detention, PREMIUM TIMES reported that the court, on 23 December 2024, directed the police to release Darlington or produce him in court within 48 hours, pending the hearing of the substantive suit.
However, his legal team lamented and claimed that this directive was not fully complied with, leading to the ongoing legal battle. The police cited administrative delays during the Christmas holiday as a reason for non-compliance.
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Again, at the 6 January hearing, the court directed the Nigerian Police to comply with the order to release Darlington immediately pending the hearing of the substantive matter and permitted the rapper’s counsel to act as surety or have him arraigned immediately. The police reportedly ignored all efforts by Darlington’s legal team to meet bail conditions on 7 January, worsening the situation.
Despite fulfilling all court requirements, Darlington’s lawyer, Deji Adeyanju, in an interview, told this newspaper on Friday that the police refused to comply and described it as “yet another act of contempt of court.”
Darlington’s arrest stemmed from a feud with Burna Boy in October 2024 after he mocked Burna Boy’s connection to Diddy, who faced FBI issues. This led to a diss track, Baby Oil, which gained popularity on Spotify Nigeria. The conflict escalated when Darlington demanded an apology from Burna Boy’s mother and ₦12 million. He was later arrested on 27 November 2024 during a performance in Owerri. The ongoing case will now resume on 27 January.
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