Suspended Deputy Commissioner of Police (DCP) Abba Kyari, has been granted a N50million bail by a Federal High Court, sitting in Abuja.
Kyari and two of his siblings were before the court last June for an alleged failure to declare their assets to the National Drug Law Enforcement Agency (NDLEA).
The NDLEA had filed a 24-count charge, marked: FHC/ABJ/CR/408/2022 against Kyari and his two siblings, Mohammed Baba Kyari and Ali Kyari.
Ruling on a bail application filed by Kyari, Justice James Omotosho, on Thursday, granted a conditional bail to Abba Kyari at the sum of N50m with two sureties in like sum.
The trial judge had, in an earlier ruling, granted bail to the other defendants in the case.
Electing to grant Abba Kyari bail, Justice Omotosho held that there was no evidence that he 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.
He noted that the NDLEA did not deny the claim by Kyari that he was in Kuje prison during the last prison break, but decided to stay in prison, instead of escaping.
“On the possibility of the first 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 jail break of 5 July, 2022 occurred and he stayed put, even though he had the opportunity of escaping.
“This deposition was not challenged by the complainant/respondent [NDLEA] which means it is admitted.
“This shows that the applicant is unwilling to run away from his trial and has shown willingness to attend court when required.
“This piece of fact will work in favour of the applicant, in that, it is a proof to the court that the applicant would not jump bail if grated same.
“I note that there have been rulings denying the first defendant/applicant bail.
“I am, however, minded to grant him bail as he was been in detention for a long time and also based on his constitutional right to bail according to Section 36(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“He has not committed a capital offence, neither has it been proved that he is a flight risk. I therefore exercise my discretion in favour of the defendant/applicant,” the trial judge stated.
Justice Omotosho added that the sureties must have property worth N25m within jurisdiction, among other conditions.
He also said Abba kyari and his sureties are to deposit their international passport, their statement of accounts, the title deed of the sureties’ property and recent passport photographs with the Registrar of the court.
The judge held that, even when Kyari meets the bail conditions, the endorsement of his release warrant is 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 that he is granted bail in those cases.
Suspended DCP Kyari has been denied bail twice in the other case pending before Justice Emeka Nwite, also of the Federal High Court, Abuja.
Further hearing in the case before Justice Omotosho has been adjourned till October 18.
The anti-narcotics agency stated among the 24-count charge that Kyari, on or about 14 February, 2022, failed to make a full disclosure of his asset at Plot No. 1927 Blue Fountain Estate, Karsana, Abuja.
NDLEA stated that he thereby committed an offence contrary to and punishable under Section 35(3)(a) of the National Drug Law Enforcement Agency Act, CAP N30, Laws of the Federation of Nigeria, 2004.
He was alleged to have, on same date, failed failed to make a full disclosure an estate belonging to him at Linda Chaulker Road, Asokoro extension, Abuja.
The agency stated that Kyari thereby committed an offence contrary to and punishable under Section 35(3)(a) of the National Drug Law Enforcement Agency Act, CAP N30, Laws of the Federation of Nigeria.
NDLEA claimed that he knowingly failed to make full disclosure of his asset, a plaza under construction, adjacent to No. 13 Balin Suleiman Street, behind NNPC Petro! Station, Guzape, Abuja;
It alleged that Kyari, deposed to a false affidavit at the Federal High Court, Maiduguri in suit Number FHC/NG/CS/9/2022 in order to disguise the true ownership of a property.
The property, the agency said, was situated at Plot No, 33, Bama Road GRA Extension Maiduguri, Borno State, covered by Certificate No: 80/4319 issued by Borno State Government.
It therefore claimed that the suspended law enforcement agent committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) Act, 2011 (As Amended) and punishable under Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011 (as amended).
Also, NDLEA alleged that Kyari deposed to false Affidavit at the Federal High Court Maiduguri in suit Number FHC/NG/CS/9/2022 in order to disguise the true ownership of another property.
The property, it was stated, was a plot of land covered by Certificate of Occupancy No: 000271 issued by Maiduguri Metropolitan Council, Borno State.
The agency claimed that Kyari thereby committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) Act, 2011 (As Amended) and punishable under Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011 (As amended).
