Justice Emeka Nwite of the Federal High Court in Abuja, on Wednesday, dismissed a fresh bail application the detained Deputy Commissioner of Police, Abba Kyari, filed to be released on bail, pending the conclusion of his trial.
Kyari is facing an eight-count charge bordering on drug trafficking brought against him by the National Drug Law Enforcement Agency (NDLEA).
The NDLEA alleged that Kyari and his men, sometime between January 19 and 25, 2022, at the office of Inspector-General of Police, IRT, Abuja, in connivance with one ASP John Umoru (now at large), ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu, unlawfully tampered with 21.25kilograms worth of cocaine that they seized from the two convicted drug traffickers- Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwane- even as it also accused them of dealing in cocaine worth 17.55kg.
The charge stated that this is contrary to section 14(b) of the NDLEA Act, CAP N30 Laws of the Federation of Nigeria 2004, the defendants.
The court had, in two previous rulings, denied the defendant’s bail and ordered their remand at Kuje prison.
The Court of Appeal in Abuja also refused Kyari’s request for bail.
At today’s sitting, Justice Nwite, in a ruling, held that Kyari’s application lacked merit.
He stated that Kyari failed to establish any exceptional circumstance that would warrant the exercise of judicial discretion in his favour.
The trial judge said that the court had earlier dismissed a similar bail application that was brought before it and ordered an accelerated hearing of the case.
He said no evidence was shown to convince the court why it should depart from its earlier ruling.
Justice Nwite rejected Kyari’s application and approved that the NLDEA, proceed with the prosecution of both Kyari and his co-defendants in the matter.
Recall that the court last month granted Kyari temporary bail from prison custody to enable him to participate in his mother’s final burial rites.
The court granted him N50m bail for two weeks and two sureties in like sum.
Previously, Kyari had filed an application to challenge the charge brought against him which the court on March 22, 2023, dismissed.
Kyari, through his team of lawyers led by Mr Nureni Jimoh (SAN), argued that the charge was legally defective and premature.
He added that the NDLEA ought to have allowed police to exhaust its internal machinery before filing the applications in court.
He claimed that the Police had already commenced an investigation into allegations against him and issued an interim report.
The defendant argued that he could only be charged to court upon the conclusion of the internal investigation by the police.
