Embattled Nigerian rapper Darlington Achakpo, better known as Speed Darlington, has filed a N300 million fundamental rights enforcement suit against the Inspector-General of Police, Kayode Egbetokun, over his alleged unlawful detention.
NAN reports that Speed Darlington sued IGP as the sole respondent in the fundamental right suit marked FHC/ABJ/CS/1832/2024.
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The artiste sought four orders, urging the court to declare that his arrest and detention violated his fundamental rights as guaranteed by the 1999 Constitution.
Darlington, 39, was detained in Lagos over allegations of defamation and cyberstalking related to his comments about Burna Boy.
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In his lawsuit, Darlington seeks compensation for unlawful detention and demands an order for his immediate release or appearance in court.
In the suit, Darlington’s lawyer, Deji Adeyanju, sought an order directing the IGP to immediately and unconditionally release Darlington from the detention facility where he is being kept.
Alternatively, Mr Adeyanju sought an order mandating and compelling the IGP to produce him (Darlington) 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.
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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.”
His legal team has claimed that he was subjected to torture and mistreatment during his detention.
Court affidavit
In the affidavit deposed by Esther Eyisi, a law firm secretary, she alleged that Speed Darlington was first arrested on 4 October 2024 for allegedly defaming Burna Boy.
Ms Eyisi said Darlington was illegally detained for five days and subjected to severe torture and maltreatment without being formally charged to a court of competent jurisdiction.
She averred that the police eventually granted Darlington bail after spending five days under inhumane conditions.
According to her, on 27 November 2024, the applicant was arrested and detained by respondent officers because he allegedly jumped administrative bail.
She said this was despite her client’s notification about his medical emergency and his inability to report on the scheduled date, as well as her obtaining the permission of the respondent’s officers to travel to Owerri, Imo, for a performance.
She said Darlington’s continuous detention without arraignment contravened his constitutional rights, describing him as the “breadwinner in his family.”
The Federal High Court in Abuja then set 13 January for the hearing of Speed Darlington’s case, following a request from Darlington’s lawyer, Abubakar Marshal, for an adjournment.
Justice Musa Liman fixed the date after counsel for the singer, Mr Marshal, sought an adjournment to enable the IGP’s lawyer, Garba Audu, to study and respond accordingly to the processes served on him in the open court.
According to the News Agency of Nigeria (NAN), the delay will give the police’s lawyer, Garba Audu, time to review and respond to the documents served.
Court proceedings
This case originates from a court order on 23 December 2024, which mandated the police to charge Darlington or release him within 48 hours.
The court also instructed the Nigerian police to comply with the release order pending the hearing of the main case. Additionally, it directed that Mr Marshal act as Darlington’s surety.
Mr Adeyanju alleged that Speed Darlington was apprehended in Lagos State following a petition by Burna Boy and moved to Abuja, where he had been in detention.
Upon resumed hearing in the matter on Monday, Darlington’s lawyer, Mr Marshal, informed the court that the matter was scheduled for hearing of the originating motion on notice for the enforcement of Darlington’s fundamental rights.
Although the IGP’s lawyer, Mr Audu, said he had yet to be served with the process, the court confirmed through the proof of service in the court record that the police were duly served.
The judge thereafter directed Mr Marshal to avail Mr Audu with a copy of the application in the open court. Justice Liman asked Mr Marshal if the singer had been released, but the lawyer responded negatively.
Responding, Mr 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.
Alleged bail jump, court ruling
Mr Audu said the singer was admitted to administrative bail but allegedly jumped.
The police lawyer said the charge, 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 made to the Chief Judge of the Federal High Court for reassigning the criminal matter to a vacation judge so that the defendant can be arraigned, but all to no avail.
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Mr Audu further explained that the criminal matter was now fixed for 15 January for Speed Darlington’s arraignment before Justice Akpan.
The lawyer further explained that contrary to insinuation, the police did not flout the court’s order as it would have been challenging to arraign the defendant when the order was made, given the Christmas holiday.
Mr 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 Mr Audu opposed the application.
Justice Liman, who agreed that the police were not deliberately disobeying the court order, advised Mr Audu to ensure Speed Darlington is released to Mr 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 13 January for a hearing of the substantive matter.
(NAN)
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