The Federal High Court in Abuja has restrained the Nigerian Police Force (NPF) from tendering a DNA test result against Mr Kabiru Turaki, former Special Duties and Inter-Governmental Affairs Minister.
Turaki is involved in a paternity dispute with a lady, Hadiza Baffa.
Justice Inyang Ekwo gave the order after M.L. Anthony, counsel for the the NPF, Inspector-General (I-G) of Police; and DCP Rita Oki Oyintare, who are 1st to 3rd respondents respectively, sought an adjournment to enable them comply with the earlier court order.
Turaki, through his lawyer, Abdulaziz Ibrahim, SAN, had told Justice Ekwo that the police was 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.
The News Agency of Nigeria (NAN) reports that Justice Ekwo had, on Feb. 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.
“The court will recall that it is the conduct of the 1st to 3rd respondents that is being challenged by this application and they have refused to obey the court order,” he said.
“Hold your peace, let me do my work,” the judge told Ibrahim.
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 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 determine 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 Feb. 28 for hearing.
NAN reports that Turaki, in the motion ex-parte marked: FHC/ABJ/CS/244/2025, had sued the NPF, I-G; DCP Rita Oki Oyintare, who is Deputy Commissioner of Police for Gender and Hadiza Musa Baffa as 1st to 4th respondents respectively.
In the motion dated Feb. 11 but filed Feb. 13, the ex-minister sought one relief.
He sought an order of interim injunction restraining the respondents from presenting, using, or relying on the purported DNA paternity test result procured from the DNA Labs Limited or any other DNA laboratory on Nov. 5, 2024, or any other date thereafter.
Giving a 13-ground argument why his application should be granted, Turaki said he instituted an action against Hadiza (4th respondent) vide suit No CV/35/2024 on June 24, 2024.
He said in the suit, he sought declaratory reliefs, including but not limited to a perpetual injunction restraining her from parading that she was married to him and that her child is from him.
He said that Hadiza caused several petitions to be written to the office of the 1st to 3rd respondents in connection with the subject matter in suit no CV/35/2024 and the petitions were consolidated upon application for consolidation by him vide the letter dated Sept.19, 2024.
The ex-minister alleged that on Nov. 5, 2024, he was invited by DCP Oyintare and he honoured the invitation .
He further alleged that upon honouring the invitation, Oyintare insisted that she must take a swab from him to conduct a DNA to prove the paternity of Hadiza’s daughter.
He said though he protested, he was detained at the Force Criminal Investigation Department’s cell at Area 10, Garki, Abuja for about 6 hours from 12 noon till 6pm, and at about 9pm, his “swab sample was collected by a purported scientist at the behest of the 3rd respondent,” before he was allowed to go home at about 10pm on that day.
Turaki said the purported DNA test paternity result procured in violation of his fundamental human rights was being planned to be used in a criminal charge filed against him before the Federal Capital Territory, Magistrate Court, Abuja.
“Unless this honourable court promptly intervenes, the respondents will rely on the said purported DNA test paternity result, the validity or otherwise being the subject matter of the instant suit,” he said.(NAN)
