Yemi Obafemi
A presiding Judge in Federal High Court Abuja, Justice James Omotosho, On Thursday, has granted the suspended Deputy Commissioner of Police, Abba Kyari N50 million bail in a charge filed against him and two of his siblings by the National Drug Law Enforcement Agency (NDLEA).
Recall that the National Drug Law Enforcement Agency had filed the 24-count charge marked: FHC/ABJ/CR/408/2022 against Kyari and two of his siblings; Mohammed and Ali in respect of which they were arraigned in May.
Abba kyari who was detained on has been granted a conditional bail of 50 million and two guarantors in like sum.
Omotosho ordered that each of the guarantor must have a property worth 25 million within the Federal Capital Territory (FCT), among other conditions.
Justice Omotosho added that his guarantors are to deposit their international passport, their statement of accounts, the title deed of the sureties’ property and recent passport photographs with the registrar of the court.
In an application bail filled by the defendant, Justice Omotosho held that there was no evidence that Kyari was a flight risk and the he would not attend trial.
According to him the offence with which the former head of the Intelligence Response Team (IRT) of the police and his co-defendants were charged were bailable.
He observed that the NDLEA did not deny Kyari’s claim that he was in Kuje prison during the last prison break, but chose to stay put instead of escaping.
“On the possibility of the 1st defendant attending his trial, it is pertinent to state that, according to the affidavit 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 was 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,” the judge said.
Omotosho pointed that when Kyari meets the bail conditions, the endorsement of his release warrant would be subject to development in a sister case in which he is being tried with four others on drug related offences.
Justice Omotosho held that his release warrant in respect of the case before him, would only be signed if the other pending criminal case before Justice Emeka Nwite is concluded or that he is granted bail in the case.
Kyari had been denied bail twice in the sister case also before the FHC, Abuja.
Justice Omotosho adjourned the case until Oct. 18 for hearing.
