Rather, the Judge ordered that the embattled Kyari should put the Federal Government on notice of the existence of the suit he instituted against it.
The suspended DCP had dragged the Federal Government before the court challenging his continued detention by an agency of government.
In an ex-parte application argued by his counsel, Cynthia Obianuju Ikena, Kyari claimed to be suffering from chronic diabetes threatening his life and therefore needs urgent medical attention.
Justice Ekwo, in his brief ruling, declined to order his immediate release but ordered him to put the respondent on notice.
Justice Ekwo held that all the averments and allegations made against the Federal Government are so weighty that the court must give the government opportunity to hear from it before taking any step.
He thereafter fixed February 24 for the parties to appear before him.