A Federal High Court in Abuja has granted bail in the sum of N50 million to suspended deputy commissioner of Police (DCP), Abba Kyari.
Kyari is facing trial before the court over failure to declare 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 – in respect of which they were arraigned last month.
In a ruling yesterday, Justice James Omotosho granted conditional bail to Abba Kyari at the sum of N50m with two sureties in like sum, while ruling on the bail application he filed.
Justice Omotosho had in an earlier ruling granted bail to the other defendants in the case.
The judge held that there was no evidence that he was a flight risk and that he will not attend trial.
The judge held that the offences with which Abba Kyari and his co-defendants were charged are bailable.
Justice Omotosho noted that the NDLEA did not deny Abba Kyari’s claim that he was in Kuje prison during the last prison break, but chose to stay put instead of escaping.
He said, “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 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 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 nor has it been proved that he is a flight risk. I therefore exercise my discretion in favour of the defendant/applicant.”
Justice Omotosho added that the sureties must have property worth N25million within jurisdiction, among other conditions, including that Abba kyari and his sureties 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.
The judge held that even when Abba Kyari meets the bail 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 drug related offences.
Justice Omotosho held that his release warrant in respect of the case before him will only be signed if the other pending criminal cases are concluded or that he is granted bail in those cases
He has been denied bail twice in the other case pending before Justice Emeka Nwite, also of the Federal High Court, Abuja.
Further hearing in the case before Justice Omotosho has been adjourned till October 18, 2023.
