A Federal High Court in Abuja has on Thursday granted N50 million bail to suspended Deputy Commissioner of Police DCP Abba Kyari in a charge against him and his two siblings accused of failing to declare assets to the National Drug Law Enforcement Agency (NDLEA).
The Anti-narcotic Agency had filed a 24-count charge, against Kyari and his two siblings – Mohammed Baba Kyari and Ali Kyari – in respect of which they were arraigned last month.
Justice James Omotosho while ruling on the bail application, granted conditional bail to Abba Kyari at the sum of N50m with two sureties in like sum.
Justice Omotosho had, in an earlier ruling, granted bail to the other defendants in the case.
Justice Omotosho held that there was no evidence that Kyari was a flight risk and that he will not attend trial.
The judge also 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 jailbreak 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 a willingness to attend court when required. The Judge held.
Justice Omotosho added that the sureties must have property worth N25m within the jurisdiction, among other conditions.
The court also, held that Abba Kyari and his sureties are to deposit their international passport, statement of accounts, the title deed of the sureties’ property and recent passport photographs with the Registrar of the Court.
When Abba Kyari meets the bail conditions, the court held the endorsement of his release warrant will 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 if he is granted bail in those cases
Kyari has been denied bail twice in the other case pending before Justice Emeka Nwite, also of the Federal High Court, Abuja.
Further hearing on Kyari’s case before Justice Omotosho has been adjourned till October 18.
Dominica Nwabufo
