Federal High Court in Abuja has dismissed a bail application brought by the suspended Deputy Commissioner of Police (DCP), Abba Kyari.
Gatekeepers News earlier reported that Kyari and four others are standing trial over allegations of drug trafficking preferred against them by the National Drug Law Enforcement Agency (NDLEA).
On March 7, the NDLEA arraigned Kyari (1st defendant) and six others on allegations bordering on a cocaine deal.
Following this, the court on March 28, remanded them at a correctional centre after their bail application was refused.
In May, Kyari and three of his co-defendants brought another application seeking bail.
Counsel to Kyari and Sunday Ubia, the second defendant, Onyechi Ikpeazu said the fresh application was necessitated owing to the threats against the defendants.
Ikpeazu said his clients were remanded with criminals whom Kyari’s team had arrested.
Kyari further cited the July 5, incident where gunmen attacked the Kuje correctional facility and freed over 500 inmates, including suspected members of Boko Haram.
According to him, his refusal to escape despite the fact that 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, the judge, Emeka Nwite, in a ruling on the application on Tuesday 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.
Justice 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.
According to him, further 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.
The Judge added that the defendant’s reliance on the development did not give rise to a situation that would require the court to modify an existing order in accordance with sections 162 and 163 of the Administration of Criminal Justice Act (ACJA) 2015.
In addition to this, Justice Nwite ruled that if Kyari and his co-defendants were released on bond, they would interfere with some of the crucial witnesses or jeopardise their prosecution because the NDLEA has not concluded its case.
The Judge held that “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.”
