.,.Can’t be released until NDLEA concludes trial in another case
Deputy Commissioner of Police, DCP, Abba Kyari, who was granted bail by a Federal High Court sitting in Abuja, on Thursday, still has a long to freedom.
This is because despite the N50million bail he got, his release depends on National Drug Law Enforcement Agency, NDLEA, concluding the another case against him, bothering on his alleged involvement in drug trafficking.
Justice James Omotosho, who granted him bail said he would only sign a release warrant of DCP Kyari, upon the conclusion of the drug related charge that is pending against him.
Kyari is facing two separate charge of alleged involvement in drug trafficking and failure to declare his assets to the NDLEA.
Thursday’s bail was in respect of failure to declare his assets to the NDLEA, which the court noted was a bailable offence.
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Some of the charged against Kyari, read:
“That you, DCP. Abba Kyari, male, adult, on or about February 14, 2022, at the NDLEA Headquarters at No. 6, Port Harcourt Crescent, off Gimbiya Street, Area 11, Garki, Abuja , knowingly failed to make full disclosure of your Asset at Plot No. 1927 Blue Fountain Estate, Karsana, Abuja and 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.
“That you, DCP. Abba Kyari, male, adult, on or about February 14, 2022, at the NDLEA Headquarters at No. 6, Port Harcourt Crescent, off Gimbiya Street, Area 11, Garki, Abuja, knowingly failed to make full disclosure of your Asset, an Estate at Linda Chaulker Road, Asokoro extension, Abuja, and 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.”
Justice Omotosho, while admitting Kyari to bail, in the non declaration of his assets charge, 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 jail break of July 5, 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 willingness to attend court when required.
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“This piece of fact will work in favour of the applicant, in that, it is proof to the court that the applicant would not jump bail if grated same.
“I note that there have been rulings denying the 1st 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,” Justice Omotosho held.
Meanwhile, his alleged involvement in drug trafficking case is still pending and the judge in that matter had refused him bail.
