Despite a N50 million bail granted by a Federal High Court in Abuja, suspended Deputy Commissioner of Police Abba Kyari will not be released.
Kyari, who is charged with failing to register assets with his siblings, was granted bail on Thursday.
According to the Daily Trust, the National Drugs Law Enforcement Agency (NDLEA) filed a 24-count charge against DCP Kyari and his brothers Mohammed Baba and Ali in court for failing to register properties allegedly linked to him in the asset form.
The Kyari brothers, who were suspected of collecting monies from an international scam gang tied to Ramoni Abbas a.k.a. Hushpuppi, had previously been granted bail by the judge.
Justice James Omotosho granted Kyari bail in the amount of N50 million and two sureties in the same amount in his ruling on Thursday.
Justice Omotosho also stated that the sureties must own property worth N25 million within the jurisdiction of the court.
He directed Kyari and the sureties to deposit their foreign passports, statements of accounts, title deeds to the sureties’ property, and recent passport photos with the court’s registrar.
He ruled that the offenses were bailable, noting that there was no proof that the beleaguered cop would flee or fail to appear at his trial.
Justice Omotosho noted that the NDLEA did not refute Kyari’s testimony that he was in the Nigerian Correctional Service, Kuje, during the previous jail break, but opted to remain rather than escape.
“On the possibility of the first 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 occurred on July 5th, 2022 and he stayed put, even though he had the opportunity to escape,” he said.
“Because the complainant/respondent (NDLEA) did not object to this deposition, it is admitted.” This demonstrates that the applicant is unwilling to flee his trial and has demonstrated a desire to appear in court when required.
“This fact will work in the applicant’s favor because it proves to the court that the applicant would not jump bail if granted.” There have been judgements denying bail to the first defendant/applicant.
“However, I am inclined to grant him bail because he has been detained for a long time and also because of his constitutional right to bail under Section 36(5) of the Federal Republic of Nigeria Constitution, 1999 (as amended).”
“He has not committed a capital offense, and it has not been established that he is a flight risk.” As a result, I use my discretion in favor of the defendant/applicant.”
According to reports, Kyari will be detained in connection with a separate case.
The judge indicated that Kyari’s eventual release on bail would be contingent on the outcome of a sister case in which he was charged with four others on drug-related charges.
Justice Omotosho ruled that his release warrant in the case before him will be signed only after the other remaining criminal matters are resolved or he is given bail in those cases.
Justice Emeka Nwite denied Kyari bail for the second time on March 23 in the drug-related charges brought against him alongside ACP Sunday Ubuah, ASP Bawa James, Inspectors Simon Agirigba, John Nuhu, and ASP John Umoru – who is alleged to be at large.
Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, two civilians previously charged with them, were sentenced to two years in prison each after pleading guilty to the charges.
The hearing date has been set for October 18 by Justice Omotosho.
According to the accusations, Kyari failed to declare to the NDLEA property at Plot 1927 Blue Fountain Estate, Karsana, Abuja; an Estate at Linda Chaulker Road, Asokoro extension, Abuja; and a plaza under construction on February 14, 2022.