A federal high court in Abuja, Nigeria, has refused to grant bail to the suspended Deputy Commissioner of Police DCP, Abba Kyari who is currently in the detention facility of the country’s anti-narcotic agency the National Drug Law Enforcement Agency (NDLEA).
Justice Inyang Ekwo in a ruling held that the application has been overtaken by events.
Kyari had earlier, filed a fundamental human rights suit against the Nigerian government, describing the drug trafficking allegations against him as fake.
On February 21, approached federal high court to seek bail on the grounds of ill health.
While arguing the application, Kyari’s counsel, Cynthia Obiajunu Ikenna restated that her client is suffering from diabetics and hypertension and that his condition cannot be managed at the NDLEA facility.
She argued that Kyari was entitled to bail since the offences listed by the NDLEA against her client are not capital offences pursuant to Section 35 of the 1999 Constitution.
“The applicant is suffering from diabetics and is hypertensive and cannot be managed while in custody because the level of sugar has to be ascertained every morning and that would determine the drug he is going to take.
“Since he has been in detention, he has no access to medical care. Ikenna added.
She then prayed the court to grant her client bail adding that he has “A liable surety” and that “He will not jump bail.”
While objecting, the Director of prosecution and legal services, NDLEA, Joseph Sunday told the court that the commission has obtained an order of court to detain the applicant for 14 days for further investigation.
According to him, the NDLEA has an “Excellent medical facility” to take care of the applicant.
In his ruling, Justice Ekwo held that the order to detain the applicant for 14 more days pending investigation was obtained from a court of coordinated jurisdiction.
He added that he would not make an order contrary to that of a court of coordinate jurisdiction.
Ekwo added that the case for bail has been overtaken by events.
“The only order I can make in addition to what I have said is that the respondent shall allow the applicant to his prescribed and verified medication while in custody,” the judge said.
He adjourned the matter to March 15 to hear Kyari’s fundamental rights
PIAK
