A Federal High Court in Abuja has declined to issue an ex-parte order sought by a former Special Duties Minister, Kabiru Turaki to restrain the police from tendering a DNA test result before any court in relation to the paternity dispute between him and a lady, Hadiza Baffa.
Justice Inyang Ekwo rejected the request in a ruling on Tuesday on a motion ex-parte for interim injunction filed by Turaki.
Turaki had filed the motion ex-parte along with a substantive suit, marked: FHC/ABJ/CS/244/2025 in which he is, among others, querying the process leading to DNA result and alleging that the police violated his fundamental human right in the manner samples were obtained from him.
Listed as respondents in the suit are the Nigeria Police Force (NPF); the Inspector General of Police (IGP); the Deputy Commissioner of Police for Gender, Rita Oki Oyintare and Hadiza Baffa.
At the mention of the case earlier on Tuesday, Turaki’s lawyer, Abdulaziz Ibrahim (SAN) told the court that his client’s motion ex-parte was seeking an interim injunction against the respondents from presenting the DNA test result before any court.
Seeking clarification, Justice Ekwo asked Ibrahim: “What you are asking me to do is to stop them from making use of the result against the applicant?
“Can I stop anybody from going to court? Or can I stop them from tendering it in court?”
Responding, Ibrahim said the judge could issue the order sought “because of the way and manner the test was obtained in violation of the applicant’s fundamental right.”
Ibrahim proceeded to move the motion, which sole prayer was “an order of interim injunction restraining the respondents either by themselves, their servants, agents, privies or through other persons, whomsoever and howsoever described from presenting, using, or relying on the purported DNA paternity test result procured from the DNA Labs Limited or any other DNA laboratory on the 5th day of November, 2024, or any other date thereafter, in any civil or criminal proceedings or for any purpose whatsoever against the applicant pending the hearing and determination of the originating motion.”
Ruling, Ekwo said he could not grant the prayer sought by Turaki without first, hearing from the respondents.
The judge added: “Upon studying the motion ex-parte and the averments in the affidavit in support, including the affidavit of urgency, I am of the opinion that the prayers cannot be granted without hearing from the respondents.”
He then ordered Turaki to put all the respondents in the application on notice within two days of the order and equally ordered the respondents to show cause on the next adjourned date why the prayer sought in the motion should not be granted.
The judge, who ordered Turaki to serve the respondents with all the documents so far filed in the suit within two days of the order, adjourned the matter until February 24 for the respondents to show cause.
Turaki stated, in an affidavit filed along with the motion, that he had filed a suit marked: No CV/35/2024 on June 24, 2024 before a HIgh Court of the Federal Capital Territory (FCT) against Hadiza
He said in the suit, he sought declaratory reliefs, including but not limited to a perpetual injunction restraining her from further claiming that she was married to him and had a child for him.
Turaki stated that despite the pendency of his suit, the police invited him based on series of petitions written against him by Hadiza.
He said when he honoured police’s invitation on November 5, 2024, “the 3rd respondent insisted that she must take a swab from the applicant and conduct a DNA.
“The applicant (Turaki) protested that he was not going to submit any of his swab sample for DNA by force.
“Thereupon, the 3rd respondent said he was under arrest and can therefore not leave their premises.
“Consequently, the applicant was detained in the respondent’s cell at the Force Criminal Investigation Department Area 10, Garki, Abuja for about 6 hours from 12 noon till 6pm.
“Thereafter, at about 9pm, the applicant’s swab sample was collected by a purported scientist at the behest of the 3rd respondent, after which only, he was allowed go home at about 10pm on the 5th November, 2024.
“A criminal charge has been filed against him before the Federal Capital Territory, Magistrate Court, Abuja.
“The respondents intend to rely on the purported DNA test paternity result procured in violation of my fundamental human rights in the said criminal charge.
“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.
“Unless the application ex-parte is heard expeditiously, the DNA test paternity result procured by the respondents would be relied upon and used against the applicant who will suffer irreversible injury even if the instant suit is determined in his favour.
“Unless this honourable court make interim orders before the determination of the originating motion, the applicant will suffer exceptional hardships,” Turaki said.