From Godwin Tsa, Abuja
The Federal High Court, Abuja has, again, dismissed a fresh bail application by the detained Deputy Commissioner of Police (DCP), Abba Kyari, who is standing trial on drug trafficking charges.
Justice Emeka Nwite, in his ruling yesterday, held that Kyari failed to convince his court to rescind its earlier decision to remand him at the Kuje prison, pending the determination of his trial.
Kyari is standing trial alongside four members of his team; ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu. The court had, on March 28, refused to release them on bail, pending the determination of the eight-count charge the National Drug Law Enforcement Agency (NDLEA) preferred against them. Not deterred, the suspended top cop had, through his legal team led by Dr. Onyechi Ikpeazu, SAN, re-approached the court, pleading to release him on bail, on the grounds that his life was in danger at the Kuje prison.
In his submissions, he narrated the circumstances and conditions in the custodian centre, which were affecting his lifestyle, including the fact that he was being remanded with hardened criminals who his team made their arrest possible.
Kyari, who witnessed the July 5 invasion of the prison facility by insurgents who were later identified as members of the Islamic State West Africa Province (ISWAP), told the court that he hid himself like a rat. He stated that although the attack on the prison facility offered an opportunity for him to escape like others, he declined to run away, along with four other members of the Police Intelligence Response Team (IRT) who were also remanded with him.
His lead counsel, Ikpeazu, argued that the prison attack established “a special and exceptional circumstance” that should warrant the court to release his client and his men on bail, pending the determination of the charge against them. However, Justice Nwite dismissed his argument that the Kuje jailbreak constituted an exceptional circumstance the court should consider and review its earlier ruling that denied him bail.
Rather, the Judge held firmly to his position that the development at the Kuje prison, which Kyari relied heavily upon, did not fall within the purview of Sections 162 and 163 of the Administration of Criminal Justice Act (ACJA) 2015, to warrant the court to vary its subsisting order.
In addition, Justice Nwite held that since the NDLEA has not closed its case, both Kyari and his co-defendants could interfere with some of the vital witnesses or undermine their prosecution, if released on bail.
In the charge before the court, the prosecution agency (NDLEA), had alleged that Kyari and his men, unlawfully tampered with 21.25 kilograms worth of cocaine which they seized from the two convicted drug traffickers- Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwane- even as it accused them of dealing in cocaine worth 17.55kg.
It alleged that the police officers committed the offence between January 19 and 25, 2022, at the office of Inspector-General of Police (IGP) IRT, Abuja, in connivance with one ASP John Umoru (now at large), contrary to Section 14(b) of the NDLEA Act, CAP N30 Laws of the Federation of Nigeria 2004.