A Federal High Court in Abuja, on Tuesday, rejected the bail application by suspended Deputy Commissioner of Police (DCP), Abba Kyari and three others standing trial for drug-related offences.
Justice Emeka Nwite, in a ruling, held that Kyari and his other co-applicants namely ACP Sunday J. Ubia, Inspector John Nuhu, and ASP Bawa – failed to show exceptional circumstances to warrant being granted bail.
This is the second time the court would reject the bail applications by Kyari and others, having turned down a similar request earlier this year.
Justice Nwite held that Kyari and others failed to establish why its previous decision that ordered his remand at Kuje prison pending the determination of the case against him, should be set aside.
The judge said held that the fact that Kyari and others did not escape when Kuje prison was recently attacked by insurgents, was not enough to establish that they would not jump bail once they are released from custody.
Justice Nwite dismissed Kyari and others’ argument that the Kuje jailbreak constituted an exceptional circumstance the court should consider and review its earlier ruling that denied him bail.
The judge was of the view that the development the defendant relied on did not fall within the purview of sections 162 and 163 of the Administration of Criminal Justice Act (ACJA) 2015 for the court to vary its subsisting order.
“The defendants have still not presented sufficient materials before me to warrant the grant of the fresh applications. Consequently, the applications are refused and my former order for accelerated trial is hereby sustained,” the judge said.
Justice Nwite held that since the prosecution is yet to close its case, Kyari and his co-defendants could interfere with some of the vital witnesses or undermine their prosecution, if released on bail.
The judge adjourned till October 19 for the continuation of trial.
The National Drug Law Enforcement Agency (NDLEA) alleged that Kyari and his co-defendants unlawfully tampered with 21.25kilograms worth of cocaine that they seized from two convicted drug traffickers- Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwane.
The NDLEA also 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.