A federal high court in Abuja has dismissed a bail application brought by Abba Kyari, suspended deputy commissioner of police (DCP).
Kyari and four others are standing trial over allegations of drug trafficking preferred against them by the National Drug Law Enforcement Agency (NDLEA).
The NDLEA had, on March 7, arraigned Kyari (1st defendant) and six others on allegations bordering on a cocaine deal.
The court had on March 28 remanded Kyari and four others at a correctional center after their bail application was refused.
In May, Kyari and three of his co-defendants brought another application seeking bail.
Onyechi Ikpeazu, counsel to Kyari and Sunday Ubia, the second defendant, said the fresh application was necessitated owing to the threats against the defendants.
He said his clients were remanded with criminals whom Kyari’s team had arrested.
Kyari also cited the July 5, incident where gunmen attacked the Kuje correctional facility and freed over 500 inmates, including suspected members of Boko Haram.
He said his refusal to escape even though the gates of the prison were left open for over three hours shows that he is a law-abiding citizen and would not jump bail if granted.
However, ruling on the application on Tuesday, Emeka Nwite, the judge, held that the suspended DCP failed to establish why the court’s previous decision that ordered his remand pending the determination of the case against him should be set aside.
Nwite held that the fact that Kyari and four other police officers did not escape during the jailbreak, was not enough to prove that they would not jump bail once they are released from custody.
The judge rejected Kyari’s claim that the Kuje jailbreak constituted an extraordinary situation that the court should take into account and reconsider its prior decision denying him bail.
According to him, the defendant’s reliance on the development did not give rise to a situation that would require the court to modify an existing order by sections 162 and 163 of the Administration of Criminal Justice Act (ACJA) 2015.
Additionally, Nwite ruled that if Kyari and his co-defendants were released on bond, they would interfere with some of the crucial witnesses or jeopardize their prosecution because the NDLEA has not concluded its case.
“The defendants have still not presented sufficient materials before me to warrant the grant of the fresh applications. Consequently, the applications are refused and my former order for accelerated trial is hereby sustained,” the Judge held.
