A Federal High Court sitting in Abuja, on Thursday, granted bail to the detained Deputy Commissioner of Police, DCP, Abba Kyari, to the tune of N50 million.
The bail was in relation to the allegation that Kyari, who is facing a separate charge over his alleged involvement in drug trafficking, failed to declare his assets to the National Drug Law Enforcement Agency, NDLEA.
The NDLEA had initiated a 24-count charge against the suspended DCP and two of his siblings.
Other defendants in the charge marked: FHC/ABJ/CR/408/2022, are; Mohammed Baba Kyari and Ali Kyari.
The court, in a ruling that was delivered by Justice James Omotosho, held that the charge the NDLEA preferred against the defendants contained bailable offences.
Consequently, it granted conditional bail to the embattled DCP who was ordered to produce two sureties in the like sum.
The court stressed that the sureties must be owners of landed property not valued below N25m and located within the jurisdiction of the court.
Even though the court okayed DCP Kyari’s release on bail, however, it held that his freedom from Kuje prison where he is currently kept, would be dependent on developments in the drug trafficking case that is pending against him before a sister court presided over by trial Justice Emeka Nwite.
Justice Omotosho noted that the NDLEA did not refute the defendant’s claim that he refused to escape from custody, even when he had the opportunity after insurgents invaded Kuje prison and freed many inmates.
“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 jailbreak 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 a 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 granted the 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,” Justice Omotosho held.
Nevertheless, he ordered both Kyari and his sureties to surrender to the court’s Registrar, their international passports, their statement of accounts, the title deed of the sureties’ property, as well as their recent passport photographs.
Justice Omotosho said he would only sign a release warrant in favour of DCP Kyari, upon the conclusion of the drug-related charge that is pending against him.
He subsequently adjourned the matter till October 18 for trial.
The court had earlier released Kyari’s siblings on bail.
It will be recalled that Justice Nwite had on two occasions, declined Kyari’s bail request on the premise that he posed a flight risk.
Kyari, who hitherto headed the Police Intelligence Response Team, IRT, is in the case before Justice Nwite, accused of tampering with cocaine that was seized from two convicted drug peddlers- Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
He is answering to an eight-count charge the NDLEA entered against him and four members of his team; ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu.
Meanwhile, some counts in the new charge against him, 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 Assets, and 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 w. 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, a Plaza under construction adjacent to No. 13 Balin Suleiman Street, behind NNPC Petro! 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 situated 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).
“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 situated at Plot of land covered by Certificate of Occupancy No: 000271 issued by Maiduguri Metropolitan council Borno State 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).”
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