From Godwin Tsa, Abuja
The detained Deputy Commissioner of Police (DCP) Abba Kyari, is to remain in the custody of the National Drug Law Enforcement Agency (NDLEA) till March 15, as his bail application was rejected by a Federal High Court (FHC) in Abuja.
Justice Inyang Ekwo, in his ruling, yesterday, declined to grant Kyrai’s bail application, stressing that it had been overtaken by events following an order by a sister court, granting the NDLEA’s prayers to detain Kyari for another 14 days to enable it conclude its investigation.
Justice Ekwo held that the sister court, which gave the order in favour of NDLEA on February 22, was a court of coordinate jurisdiction.
The judge, however, said he was inclined to hear Kyari’s fundamental enforcement rights suit with the urgency it deserves after the expiration of the 14-day court order.
He then adjourned until March 15 to hear Kyari’s application to demand his fundamental right enforcement.
Kyari and the four other police officers were arrested and handed over to NDLEA on February 14 by police authorities, five hours after the agency declared him wanted in connection with the drug deal.
Others are ACP Sunday J. Ubia; ASP James Bawa; Inspector Simon Agirigba; Inspector John Nuhu; Chibunna Patrick Umeibe and Emeka Alfonsus Ezenwanne.
Kyari has, however, filed a suit against the Federal Republic of Nigeria ((FRN), marked FHC/ABJ/CS/182/22, challenging his continued detention.
In the fundamental right enforcement suit, Kyari is praying the court to compel the NDLEA to grant him bail on health grounds, pending the hearing and determination of his motion on notice.
He told the court through his counsel, Mrs P.O. Ikenna, that he is suffering from “diabetes, high blood pressure and severe heart diseases that may cause death.
In an affidavit deposed to by his younger brother, Muhammad Nur Usman, Kyari was in support of the suit; he highlighted his health condition and pleaded with the court to release him on bail from the custody of the NDLEA, where he is currently being held.
He told the court that: “I am suffering from diabetes, high blood pressure and severe heart diseases that may cause death.”
Kyari stated that he was “receiving medical treatment on a daily basis due to the seriousness of the illness. He said that failure to check his heart, high blood pressure will result in severe health problems or may even lead to heart failure and death.
Meanwhile, Justice Zainab Dimka Abubakar of the Abuja division of the Federal High Court has given the NDLEA the permission to further detain Abba Kyari and six others for two weeks.
They are under investigation for their involvement in a 25 kilograms cocaine deal.