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UPDATE: COURT PREVENTS POLICE FROM TENDERING DNA TEST RESULT AGAINST FORMER MINISTER TURAKI
The Nigerian Police Force (NPF) was prevented on Tuesday by Justice Inyang Ekwo of the Federal High Court Abuja from submitting a DNA test result against former Special Duties and Inter-Governmental Affairs Minister Kabiru Turaki.
Turaki and a woman named Hadiza Baffa are embroiled in a paternity issue.
After the NPF’s attorney, the Inspector-General of Police, and DCP Rita Oki Oyintare, M.L. Anthony, who are the first and third respondents, respectively, requested an adjournment so they could adhere to the previous court decision, Justice Ekwo issued the order.
In a criminal complaint brought against him before an FCT Magistrate Court in Abuja, Turaki informed Justice Ekwo through his attorney, Abdulaziz Ibrahim (SAN), that the police intended to show “the purported DNA test paternity result procured in violation of his fundamental human rights.”
On February 18, Justice Ekwo denied the former minister’s request to prevent the police from presenting the DNA test results in the paternity case against Hadiza in a different court.
Ibrahim filed an ex-parte motion, and the judge decided that he could not award the former minister’s requested relief until he had heard 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.