Court grants Abba Kyari bail but won’t be released until conclusion of drug case
By Jeph Ajobaju, Chief Copy Editor
An Abuja Federal High Court on Thursday granted a N50 million “conditional” bail to suspended Deputy Commissioner of Police (DCP) Abba Kyari over his failure to declare his assets to the National Drug Law Enforcement Agency (NDLEA).
Kyari, who is in detention, faces a separate charge of alleged involvement in drug trafficking, and Judge James Omotosho said he would sign Kyari’s release warrant only after the conclusion of the drug case.
The NDLEA has a 24-count charge against him and two of his siblings – Mohammed Kyari and Ali Kyari.
Omotosho ruled on Thursday the charges preferred against the defendants contained bailable offences, and granted conditional bail to Abba Kyari with two sureties in the like sum.
The court said the sureties must be owners of landed property not valued below N25 million and located within the jurisdiction of the court.
The court granted Kyari’s release on bail but held his freedom from Kuje Prison would depend on developments in the drug trafficking case pending against him before a sister court presided over by Judge Emeka Nwite.
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Kyari not a flight risk
Omotosho noted the NDLEA did not refute Kyari’s claim that he refused to escape from custody when he had the opportunity to do so after insurgents invaded Kuje Prison and freed many inmates, via reporting by Vanguard.
“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 July 5, 2022 occurred and he stayed put, even though he had the opportunity of escaping,” the Judge said.
“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.”
Omotosho ordered both Kyari and his sureties to surrender to the court’s Registrar, their passports, statements of accounts, title deeds of the sureties’ properties, as well as recent passport photographs.
He adjourned the matter until October 18 for trial.
The court had earlier released Kyari’s siblings on bail.