Yesterday, Nigeria’s super cop, Abba Kyari was granted N50 million bail by a Federal High Court in Abuja over his refusal to declare his assets, but he will remain in Nigerian Correctional Service, Kuje for his drug-related offence.
According to Daily Trust, the National Drugs Law Enforcement Agency (NDLEA) had filed a 24-count charges against DCP Kyari and his brothers — — Mohammed Baba and Ali — before the court over his failure to declare properties allegedly linked to him in the asset form.
His siblings were earlier granted bail after they were accused of receiving funds from an international scam syndicate linked to Ramoni Abbas, popularly known as Hushpuppi.
The charges claimed Kyari on February 14, 2022 failed to declare to the NDLEA property at Plot 1927 Blue Fountain Estate, Karsana, Abuja; an Estate at Linda Chaulker Road, Asokoro extension, Abuja, a plaza under construction.
However, Justice James Omotosho granted Kyari bail in the sum of N50m and two sureties in like sum. Justice Omotosho added that the sureties must have property worth N25m within the court’s jurisdiction.
“On the possibility of the 1st defendant (Kyari) 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 (NDLEA) 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.
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“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 in his judgment yesterday.
WHY HE WILL REMAIN IN PRISON
According to the judge, Kyari’s release will be determined by the outcome of a bail application in his ongoing drug-related trial. Kyari was charged with four persons — ACP Sunday Ubuah, ASP Bawa James, Inspectors Simon Agirigba, John Nuhu and ASP John Umoru (now at large).
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They were arrested by NDLEA in 2022 and charged to court for conspiracy to deal in 17.55kg of cocaine and dealing in cocaine without lawful authority; conspiracy to tamper with cocaine and unlawfully tampering with the 21.35kg of cocaine seized from two convicted drug dealers.
The judge explained that he will only sign his release from prison facility after the other case has been determined.
Kyari was on March 23 denied bail for the second time by Justice Emeka Nwite in the drug-related offences.
