Justice Inyang Ekwo of the Federal High Court Abuja on Tuesday restrained the Nigerian Police Force (NPF) from tendering a DNA test result against Kabiru Turaki, former Special Duties and Inter-Governmental Affairs Minister.
Turaki is involved in a paternity dispute with a lady, Hadiza Baffa.
Justice Ekwo gave the order after counsel for the NPF, Inspector-General of Police and DCP Rita Oki Oyintare, M.L Anthony, who are 1st to 3rd respondents respectively, sought an adjournment to enable them to comply with the earlier court order.
Turaki, through his lawyer, Abdulaziz Ibrahim (SAN) had told Justice Ekwo that the police were planning to present “the purported DNA test paternity result procured in violation of his fundamental human rights” in a criminal charge filed against him before an FCT Magistrate Court, Abuja.
Justice Ekwo, on February 18, declined the application filed by the former minister, seeking to stop the police from presenting the DNA test result in the paternity dispute with Hadiza in another court.
The judge, in a ruling on an ex-parte motion, moved by Ibrahim, held that he could not grant the relief sought by the former minister without hearing from the respondents.
The judge, therefore, ordered Turaki to put all the respondents in the application on notice within two days of the order and directed the respondents to show cause in the next adjourned date why the prayers sought by the ex-minister should not be granted.
When the matter was called, Ibrahim, who appeared for Turaki, informed the court that the matter was for the respondents to show cause why his client’s prayers should not be granted.
The senior lawyer, however, told the court that the 1st to 3rd respondents had refused to comply with the court order to file affidavits to show cause.
He said instead, they filed a joint counter affidavit to their substantive application.
Ibrahim said Hadiza, who is the 4th respondent, filed an affidavit to show cause and a counter affidavit to their main suit.
Justice Ekwo then asked Anthony what process he had filed and he responded that they filed a counter affidavit to the applicant’s motion.
The judge frowned at his response and Anthony, therefore, sought an adjournment to enable them to do the needful.
Usman Chamo, who appeared for Hadiza, whose daughter’s paternity is being disputed by Turaki, confirmed that they had filed an affidavit to show cause and a counter affidavit to the originating motion.
If not for the 1st to 3rd respondents, I would have taken this matter now and determined everything together.
“Look at what he has done as he has asked for adjournment,” the judge said.
Justice Ekwo, who granted Anthony’s application for adjournment, restrained all the respondents from taking any step which might affect Turaki’s prayers on the motion ex-parte.
“I also make an order that the respondents should not do anything contrary to the prayers on the motion ex-parte until further orders of this court,” he declared.
The judge equally ordered the police to file all necessary processes and for the applicant to respond before the next adjourned date.
The court subsequently adjourned the matter until February 28 for a hearing.
