By Yemi Oyeyemi, Abuja
A Federal High Court in Abuja has granted bail at N50million to suspended Deputy Commissioner of Police (DCP) Abba Kyari in a charge in which he and two of his siblings are accused of failing to declare assets to the National Drug Law Enforcement Agency (NDLEA).
Unfortunately, however, Kyari cannot breathe the air of freedom, because he is facingng other more serious charges in another Court where he has been denied bail.
In fact, last February, the higher court of appeal Abuja Division dismissed an appeal by Kyari, where he sought the reversal of an earlier ruling of a Federal High Court in Abuja refusing his request for bail.
In a unanimous judgement then, the three-member panel led by Justice Stephen Adah held that Kyari’s appeal lacked merit. Kyari has been in detention for 18 months..
Meanwhile in the court where he got bail on Thursday, 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 on Thursday, 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.
In electing to grant Abba Kyari bail, the judge held that there was no evidence that he was a flight risk and the 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 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.”
Justice Omotosho added that the sureties must have property worth N25m 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.
Some of the counts read:
*That you, DCP. Abba Kya, M
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 Asset, an 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 situate 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 situate 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).
Recall that last February, Justice Adah of the court of appeal held that in view of the nature of the charges pending against him and the other defendants before the Federal High Court Abuja, such request for bail needed to be handled with caution.
He held that Justice Emeka Nwite of the Federal High Court, Abuja, who earlier rejected bail to Kyari, appropriately exercised his discretion in refusing to grant Kyari bail.
The National Drug Law Enforcement Agency, NDLEA, is prosecuting Kyari, and four members of the IRT – ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu – before a Federal High Court in Abuja.
They were charged with conspiracy to deal in 17.55kg of cocaine among others.
Kyari alone was also charged with attempting to obstruct officials of the NDLEA in the conduct of their activities by offering them bribes.