The Federal High Court in Abuja has retained Abba Kyari, the suspended Deputy Commissioner of Police, in the custody of the Nigerian Correctional Service (NCoS) despite being granted N50 million bail.
Recall that Kyari was granted the N50 million bail by the presiding judge, Justice James Omotosho of the Federal High Court sitting in Abuja on Thursday.
But the respite wasn’t good enough for the embattled police officer because a sister court has refused to grant him bail.
Kyari, a former head of the Nigeria Police Response Team (IRT) and two of his siblings were charged before Justice Omotosho, after being accused of failing to declare their assets to the National Drug Law Enforcement Agency (NDLEA).
The NDLEA had filed the 24-count charge marked, FHC/ ABJ/CR/408/2022, against Kyari and his two siblings – Mohammed Baba Kyari and Ali Kyari.
However, in a ruling on Thursday, Justice Omotosho granted conditional bail to Kyari with two sureties in like sum.
Justice Omotosho added that the sureties must have property worth N25 million within the court’s jurisdiction, among other conditions.
The judge held that he was minded to grant Kyari bail because he did not escape when he had the chance to do so during an attack on Kuje Prison on July 5, 2022.
According to the court, the majority of inmates at the correctional centre escaped during the attack but Kyari and some others did not escape.
Kyari’s refusal to escape, Justice Omotosho said, proves that he is willing to face the allegations against him and not jump bail.
The judge also noted that the allegations against Kyari are bailable.
“On the possibility of the 1st defendant attending his trial, it is pertinent to state that, according to the affidavits in support of the application, the applicant stated that he was in detention at the Kuje Prisons when the jail break of 5th July, 2022 occurred and he stayed put, even though he had the opportunity of escaping.
“This deposition was not challenged by the complainant/respondent which means it is admitted. This shows that the applicant is unwilling to run away from his trial and has shown willingness to attend court when required.
“This piece of fact will work in favour of the applicant, in that, it is proof to the court that the applicant would not jump bail if grated same. I note that there have been rulings denying the 1st defendant/ applicant bail.
“I am, however, minded to grant him bail as he has been in detention for a long time and also based on his constitutional right to bail according to Section 36(5) of the constitution of the Federal Republic of Nigeria, 1999 (as amended).
“He has not committed a capital offence neither has it been proved that he is a flight risk. I, therefore, exercise my discretion in favour of the defendant/applicant”, Justice Omotosho held.
However, the judge held that even when Kyari meets the conditions, the endorsement of his release warrant is subject to developments in a sister-case in which he is being tried with four others on alleged involvement in dealing with illicit drugs.
Justice Emeka Nwite of the Federal High Court Abuja, who is handling the charge had refused to grant bail to Kyari and his co-defendants.
Kyari is being prosecuted before Justice Nwite on cocaine-related charges alongside four members of his former police unit, the Intelligence Response Unit (IRT).
The four other police officers are Sunday Ubua, an Assistant Commissioner of Police; Bawa James, an Assistant Superintendent of Police; Simon Agirgba, an Inspector, and John Nuhu, also an Inspector.
Two civilians, Chibunna Umeibe and Emeka Ezenwanne, who were also arrested over the charges at the Akanu Ibiam International Airport, Enugu, have been jailed by the court after they pleaded guilty.
Some of the counts read: “That you, DCP Abba Kyari, male, adult, on or about the 14th day of February, 2022 at the National Drug Law Enforcement Agency headquarters at No. 6, Port Harcourt Crescent, Off Gimbiya Street, Area 11, Garki, Abuja, knowingly failed to make full disclosure of your asset at Plot No.
1927 Blue Fountain Estate, Karsana, Abuja and thereby committed an offence contrary to and punishable under Section 35(3)(a) of the National Drug Law Enforcement Agency Act, CAP N30, Laws of the Federation of Nigeria, 2004.
“That you, DCP Abba Kyari, male, adult, on or about the 14th day of February, 2022 at the National Drug Law Enforcement Agency headquarters at No. 6, Port Harcourt Crescent, Off Gimbiya Street, Area 11, Garki, Abuja, knowingly failed to make full disclosure of your Asset, an estate at Linda Chaulker Road, Asokoro Extension, Abuja, and thereby committed an offence contrary to and punishable under Section 35(3)(a) of the National Drug Law Enforcement Agency Act, CAP N30, Laws of the Federation of Nigeria.
“That you, DCP Abba Kyari, male, adult, on or about the 14th day of February, 2022 at the National Drug Law Enforcement Agency headquarters at No. 6, Port HarcourtCrescent, Off GimbiyaStreet, Area 11, Garki, Abuja, knowingly failed to make full disclosure of your asset, a plaza under construction adjacent to No. 13 Balin Suleiman Street, behind NNPC Petrol Station, Guzape Abuja.
“That you, DCP Abba Kyari, male, adult, and you, Mohammed Baba Kyari, male, adult, on or about the 14th day of February, 2022 in Nigeria, in order to disguise the true ownership of the property situate at Plot No, 33, Bama Road GRA Extension Maiduguri, Borno State covered by Certificate No: 80/4319 issued by Borno State government by deposing to false affidavit at the Federal High Court Maiduguri in suit number FHC/NG/CS/9/2022 and thereby committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) Act, 2011 (As Amended) and punishable under Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011 (as amended).
