The Federal High Court in Abuja has restrained the Nigerian Police Force from presenting a DNA test result as evidence in a paternity dispute involving a former Minister of Special Duties and Inter-Governmental Affairs, Kabiru Turaki, and Hadiza Baffa.
Baffa and Turaki are embroiled in a legal paternity dispute, with Baffa asserting that the former minister is the father of her child.
Following her claims, Baffa petitioned Turaki before the Nigerian Police Force.
Based on her allegations, the police arraigned Turaki on February 6, 2025, before a Federal Capital Territory Magistrate Court in Abuja on charges related to false marriage, adultery, and other offences.
The ex-minister is specifically accused of deceitfully inducing a belief of lawful marriage, adultery by a man and criminal intimidation, contrary to Sections 383, 387 and 389 of the Penal Code.
The ex-minister, however, pleaded not guilty to the offence and was granted bail in the sum of N1 million.
Meanwhile, Turaki also approached the Federal High Court in Abuja and sued the NPF, IG; DCP Rita Oki Oyintare, who is Deputy Commissioner of Police for Gender and Baffa.
In the motion ex-parte marked: FHC/ABJ/CS/244/2025, the ex-minister 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 November 5, 2024, or any other date thereafter.
Giving a 13-ground argument on why his application should be granted, Turaki said he instituted an action against Baffa vide suit No CV/35/2024 on June 24, 2024.
He said in the suit, that 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 Baffa caused several petitions to be written to the office of the first to the third 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 September 19, 2024.
The ex-minister alleged that on November 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 Baffa’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 six 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 third 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 Magistrate Court in 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.
The presiding judge, Justice Inyang Ekwo, had in a previous ruling issued on February 18, declined Turaki’s application to outrightly bar the police from presenting the DNA test result.
The judge held that the respondents must be heard before a decision could be made.
Meanwhile, at Tuesday’s sitting, Ekwo issued a restraining order for the DNA test not to be used.
During Monday’s hearing, Turaki’s lawyer, Abdulaziz Ibrahim (SAN), told the Court that the police were planning to use a “purported DNA paternity test result” obtained in violation of his client’s fundamental human rights in a criminal case filed against him.
Ibrahim informed the court that while the police failed to file the required affidavits to show cause, they had instead submitted a counter-affidavit to his client’s substantive application.
He said Baffa, the fourth respondent, filed an affidavit to show cause and a counter-affidavit to the main suit.
Baffa’s counsel, Usman Chamo, confirmed the counter affidavit and compliance with the court’s directive.
Justice Ekwo reprimanded the police’s counsel, M.L. Anthony, for failing to comply with the court’s orders.
Anthony prayed the court for an adjournment to rectify the omissions, which the court granted.
The judge, however, restrained the respondents from taking any steps that could prejudice Turaki’s application, including presenting or relying on the DNA test result, until further notice.
“The respondents are hereby restrained from acting contrary to the prayers in the motion ex-parte until further orders of this court,” Justice Ekwo declared.
The court also directed the police to file all necessary processes and adjourned the case until February 28 for further hearing.
