Abba Kyari, a Suspended Deputy Commissioner of Police, would not be released from Kuke prison despite a Federal High Court in Abuja having granted him bail in the sum of N50 million.
On Thursday, Kyari, who is accused of failing to declare assets together with his siblings, was granted bail.
In the court, the National Drug Law Enforcement Agency (NDLEA) had brought a 24-count complaint against DCP Kyari, his brothers Mohammed Baba and Ali for failing to declare allegedly linked properties on his asset form.
The Kyari brothers, who were suspected of receiving funds from an international scam ring linked to Ramoni Abbas, a.k.a. Hushpuppi, had previously been granted bail by the judge.
In his ruling on Thursday, 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.
He ordered Kyari and the sureties 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.
He held that the offences were bailable, adding that there was no evidence that the embattled cop is a flight risk or could fail to attend his trial.
Justice Omotosho noted that the NDLEA did not deny Kyari’s claim that he was in the Nigerian Correctional Service, Kuje during the last prison break, but chose to stay put instead of escape.
He said: “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.
“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.”
‘Kyari to remain in custody over a separate case’
The judge explained that the final release of Kyari on bail would depend on developments in a sister case in which he was charged 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.
On March 23, Kyari was charged with drug-related offenses alongside ACP Sunday Ubuah, ASP Bawa James, Inspectors Simon Agirigba and John Nuhu, and ASP John Umoru, who is reportedly at large. Justice Emeka Nwite denied Kyari bail for the second time.
After entering guilty pleas to the charges against them, the two civilians who had earlier been accused with them—Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne—were sentenced to two years in prison apiece.
The hearing is scheduled to begin on October 18.
Kyari was accused of failing to disclose property to the NDLEA on February 14, 2022 at Plot 1927 Blue Fountain Estate, Karsana, Abuja; an estate at Linda Chaulker Road, Asokoro extension, Abuja; and an estate with a plaza under development.
Ada Peter
