A Federal High Court in Abuja has adjourned the N300 million fundamental rights enforcement suit filed by popular singer Darlington Achakpo, known as Speed Darlington, against the Nigeria Police Force.
The case, which challenges the legality of his arrest and detention, was postponed until March 19 for the adoption of processes. Justice Musa Liman set the new date after the counsel representing the Inspector-General of Police (IGP), CSP Audu Garba, informed the court that the police had just submitted a further counter-affidavit in response to a document previously served by the singer’s legal team.
Speed Darlington’s counsel, Rosemary Hamza, stated in court that she had yet to receive a copy of the newly filed counter-affidavit. Without this document, she was unable to provide an immediate response or prepare an appropriate legal rebuttal.
Given the development, the judge ruled that all parties would reconvene on March 19 to formally adopt their legal arguments before the court. The adjournment allows both sides to review the latest filings and prepare their responses adequately before the next hearing.
The lawsuit, registered under the case number FHC/ABJ/CS/1832/2024, names the Inspector-General of Police as the sole respondent. Speed Darlington is seeking a judicial declaration that his arrest and continued detention violated his fundamental rights as protected by the Nigerian Constitution of 1999.
In his suit, the musician is requesting four specific reliefs from the court, including an order for his immediate and unconditional release from police custody. He argues that his ongoing detention is illegal and unjustified.
Alternatively, if the court does not immediately order his release, Speed Darlington is seeking a directive that would compel the Inspector-General of Police to present him before the court. This would allow the judiciary to examine the circumstances surrounding his arrest and decide whether he should be granted bail.
Additionally, he is demanding financial compensation for what he describes as his unlawful detention. He is requesting that the court order the police to pay him N300 million in general, exemplary, and aggravated damages as restitution for his prolonged incarceration without formal charges.
The affidavit supporting Speed Darlington’s lawsuit was deposed by Esther Eyisi, a secretary in his legal representative’s firm. She outlined the circumstances of his arrest, stating that he was first detained on October 4, 2024, over allegations that he had defamed fellow musician Burna Boy.
She further alleged that he was held in police custody for five days, during which he was subjected to inhumane treatment and physical abuse. Despite being detained for nearly a week, he was not immediately charged in any court of law, an action his legal team argues is a clear violation of his fundamental rights.
Eyisi further stated that after his initial detention, Speed Darlington was eventually granted bail by the police. However, on November 27, 2024, he was rearrested under the allegation that he had violated the terms of his administrative bail.
His legal team contends that this accusation is false, as he had informed the police in advance about his inability to report due to a medical emergency. According to Eyisi, the musician had also obtained permission from the police to travel to Owerri, Imo State, for a scheduled performance. Despite this, he was arrested and remains in custody.
The affidavit also highlights the impact of Speed Darlington’s detention on his family, stating that he is the primary provider for his household. His legal team argues that keeping him in custody without proper legal justification is causing undue hardship to his dependents. They maintain that his continued detention is unconstitutional and demand that the court intervene to uphold his fundamental rights.
In response, the police filed a counter-affidavit, which was deposed by SP David Atama. According to Atama, the police had received a petition from Burna Boy, whose real name is Damini Ebunoluwa Ogulu, on September 24, 2024.
The petition, submitted through Burna Boy’s legal counsel, G.C. Ijioma of Rockfold Chambers, alleged that Speed Darlington had threatened his life and incited intimidation among his followers. The police cited these allegations as violations of Section 24 of the Cybercrime Prohibition (Prevention) Act of 2015.
Atama claimed that during the police investigation, Speed Darlington was invited for questioning, and he voluntarily submitted a written statement. The police allege that in his statement, he admitted to committing the offense.
However, in a further affidavit, Speed Darlington denied ever making such an admission. He described the police’s claims as false and misleading. He also pointed out that Burna Boy himself had treated the entire controversy as a joke, as evidenced by public comments made by multiple personalities about the matter.
Meanwhile, in a separate legal proceeding, Speed Darlington was granted bail on January 15, 2025, by Justice Ekerete Akpan of a different Federal High Court in Abuja. The judge set bail at N20 million with one surety after the musician pleaded not guilty to a two-count charge related to alleged cybercrime.
His legal team argues that this existing bail should be sufficient to secure his release, further reinforcing their claim that his continued detention is unnecessary and unlawful.
As the court prepares to hear arguments on March 19, all eyes will be on the legal battle between Speed Darlington and the police, which has become a high-profile case in Nigeria’s entertainment and judicial circles.
