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From Godwin Tsa, Abuja
The Federal High Court, Abuja, yesterday, granted suspended Deputy Commissioner of Police (DCP), Abba Kyari, N50 million bail, in a charge in which he and two of his siblings were accused of failing to declare assets to the National Drug Law Enforcement Agency (NDLEA).
NDLEA had filed the 24-count charge against Kyari and his brothers — Mohammed Baba Kyari and Ali Kyari.
In his ruling, Justice James Omotosho granted conditional bail to Abba Kyari in the sum of N50 million with two sureties in like sum.
Justice Omotosho added that the sureties must have property worth N25 million within the court’s jurisdiction, among other conditions. However, the judge held that even when Kyari meets the 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 alleged involvement in dealing illicit drugs.
The NDLEA had filed the 24-count charge, marked: FHC/ABJ/CR/408/2022 against Kyari and his two siblings – Mohammed Baba Kyari and Ali Kyari – in respect of which they were arraigned last month. Justice Omotosho held that there was no evidence that he was a flight risk and would not attend trial, adding that the offences for which Abba Kyari and his co-defendants were charged are bailable.
He noted that the NDLEA did not deny Abba Kyari’s claim that he was in Kuje prison during the last prison break, but chose to stay put instead of escaping.
He said: “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 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. 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 granted the same. I note that there have been rulings denying the first defendant/applicant bail.
“I am, however, minded to grant him bail as he has 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.”
In addition, the judge said the sureties must have property worth N25 million within jurisdiction, among other conditions, including that Abba Kyari and his sureties are to deposit their international passports, their statements of accounts, the title deed of the sureties’ property and recent passport photographs with the Registrar of the court.
Justice Omotosho further held that even when Abba 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.
He also 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. He has been denied bail twice in the other case pending before Justice Emeka Nwite, also of the Federal High Court, Abuja. Meanwhile, proceedings in the case have been adjourned till October 18.
Some of the counts read: “That you, DCP Abba Kyari, male adult, on or about the 14th day of February, 2022, at the National Drug Law Enforcement Agency 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 the 14th day of February, 2022, at the National Drug Law Enforcement Agency 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 Chalker 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,
“That you, DCP Abba Kyari, male adult, on or about the 14th day of February, 2022, at the National Drug Law Enforcement Agency Headquarters, at No. 6, Port Harcourt Crescent, off Gimbiya Street, Area 11, Garki, Abuja, knowingly failed to make full disclosure of your asset, a Plaza under construction, adjacent to No. 13 Balin Suleiman Street, behind NNPC Petrol Station, Guzape Abuja.
“That you, DCP. Abba Kyari, male adult, and you, Mohammed Baba Kyari, male adult, on or about the 14th day of February, 2022, in Nigeria, in order to disguise the true ownership of the property situate at Plot No. 33, Bama Road GRA Extension Maiduguri, Borno State, covered by certificate No: 80/4319, issued by Borno State Government by deposing to false affidavit at the Federal High Court, Maiduguri, in suit Number FHC/NG/CS/9/2022, and, 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).
“That you, DCP Abba Kyari, male adult, and you, Mohammed Baba Kyari, male adult, on or about the 14th day of February, 2022, in Nigeria, in order to disguise the true ownership of the property situate at Plot of land covered by Certificate of Occupancy No: 000271, issued by Maiduguri Metropolitan Council, Borno State, by deposing to false affidavit at the Federal High Court, Maiduguri, in suit Number FHC/NG/CS/9/2022, and, 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).
Kyari’s two siblings were equally granted bail by the court.
