AbbA Kyari (left) with his co-defendants in court
Court rules Abba Kyari’s offences as ‘bailable’
Federal High Court in Abuja, Thursday, ruled that the charges preferred against suspended Deputy Commissioner of Police DCP Abba Kyari, along with his co-defendants are ‘bailable.’
This is also as the court presided over by Justice James Omotosho finally granted the embattled policeman bail in the sum of N50 million.
Kyari and his two siblings are accused of failing to declare assets to the National Drug Law Enforcement Agency (NDLEA), which had filed a 24-count charge, against him and Mohammed Baba Kyari and Ali Kyari, in respect of which they were arraigned last month.
Justice Omotosho while ruling on the bail application granted conditional bail to Abba Kyari with two sureties in like sum (N50m).
It would be recalled that Kyari had been denied bail twice in the other case pending before Justice Emeka Nwite, also of the Federal High Court, Abuja.
Ruling, Thursday, Justice Omotosho held that there was no evidence that Kyari was a flight risk and that he will not attend trial, just as he noted that the NDLEA did not deny the suspect’s claim that he was in Kuje prison during the last prison break, but chose to stay put instead of escaping.
“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,” Justice Omotosho ruled.
The judge further 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
Further hearing on Kyari’s case before Justice Omotosho has been adjourned till October 18, 2023.
