The Abuja division of the Federal High Court has stopped the Nigerian Police Force (NPF) from tendering a DNA test result against a former Minister of Special Duties and Inter-Governmental Affairs, Mr Kabiru Turaki, in a paternity dispute suit.
Turaki, who is involved in a paternity dispute with a lady, Hadiza Baffa, had approached the court with amotion ex-parte marked FHC/ABJ/CS/244/2025 seeking injunctive reliefs against the NPF, I-G; DCP Rita Oki Oyintare, who is Deputy Commissioner of Police for Gender, and Hadiza Musa Baffa.
Specifically, the former Minister sought an order of interim injunction restraining the respondents from presenting, using, or relying on the purported DNA paternity test result procured from DNA Labs Limited or any other DNA laboratory on November 5, 2024, or any other date thereafter.
Although, the court did not proceed with the hearing of the motion, Justice Inyang Ekwo made preservative order following a request for an adjournment made by counsel to the NPF, Inspector-General (I-G) of Police, and DCP Rita Oki Oyintare, M.L. Anthony.
The respondent counsel had pleaded with the court for an adjournment to enable him to comply with the earlier order of court, directing his clients to show cause why the relief sought by the applicant would not be granted.
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.
Justice Ekwo had, 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.
However, when the matter was called up Tuesday – today, February 25 – 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.
He told the court that the 1st to 3rd respondents had refused to comply with the court order to file affidavits to show cause, but rather filed a joint counter affidavit to their substantive application.
Ibrahim said Hadiza, who is the 4th respondent, has however 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 hearing.
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 declarative reliefs, including but not limited to a perpetual injunction restraining her from parading that she was married to him and that her child was 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 via 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 test 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 6 pm, and at about 9 pm, 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 10 pm 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 purported DNA test paternity result, the validity or otherwise being the subject matter of the instant suit,” he said.
