TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Court declines Abba Kyari’s bail application

The Editor by The Editor
February 28 2022
in Headlines, Latest News
A A
0
Hushpuppi: AGF, police, anti-extradition group shun suit on Abba Kyari

Abba Kyari

A Federal High Court (FHC), Abuja, on Monday, refused to grant the bail application of suspended Deputy Commissioner of Police (DCP) Abba Kyari.

Justice Inyang Ekwo, in a ruling, said the application had been overtaken by events following an order of a sister court, granting the National Drug Law Enforcement Agency (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 Feb. 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 said that the application for bail, under the provisions of the constitution, was to be treated with urgency.
Ekwo, who said that Kyari’s bail application was brought on Feb. 21, said he had perused the process, the averments in support and the documentary evidence.

“The respondent (NDLEA) has filed a counter and I have perused the averments.

“I find in paragraph 11 of the counter affidavit that this court has made an order concerning the applicant on February 22, 2022, as Exhibit NDLEA 4,” he said.

He said he found that the sister court granted the NDLEA’s prayer to have Kyari in custody for 14 days pending its investigation.

“This order is an order of court of coordinate jurisdiction.

“This court is not likely to make an order contrary to that.

“This motion for bail, by that order, has been overtaken by events by the order,” he ruled

The judge, who ordered the NDLEA to allow Kyari have access to a verified medical personnel and medication of his choice, said “upon refusal of the bail application, the substantive suit before the court must be treated with urgency.”

He then adjourned until March 15 to hear Kyari’s application to demand for his fundamental right enforcement.
Earlier at the resumed hearing, Cynthia Ikena, who was counsel for DCP Kyari, informed that she was served with the NDLEA’s counter affidavit to their motion on notice early in morning.

“That not withstanding, we are ready to take our motion this morning.,” she said.

The NDLEA’s Director, Prosecution and Legal Services, Joseph Sunday, told the court that since the agency responded to the applicant’s substantive suit, he urged the court to disregard Ikena’s submission to take the bail motion.

But Justice Ekwo refused to grant Sunday’s request.

“Mr Sunday, I have the direction I am going. The applicant (Kyari) has a motion for bail and I am going to take that now then other applications will follow,” he said.

Sunday stated that Kyari’s application for bail had been overtaken by event.

“That is your response. Let them move their motion,” the judge insisted.
Ekwo, therefore, directed Ikena to take her motion.

Moving the motion, Ikena said it was a motion on notice dated Feb. 21and filed same day.

She said the applicant prayed for an order admitting Kyari to bail pending the determination of the substantive suit and an order of substituted service of the process on the respondent.

The lawyer said the application was supported by 10 paragraphs affidavit.

She told the court that a case of prima facie was established against the NDLEA in paragraphs 2, 4, 5, 6, 7, 8 and 9 of the affidavit of urgency and the Exhibit 8 in support.

She said that Kyari’s ill-health was enough reasons to be admitted on bail.

Ikena also argued that Section 35 of the constitution provided that the applicant (Kyari) had a right to be admitted to bail in every case order than a capital offence.

She further argued that going by the “Exhibit NDLEA 5” before the court on charges against her client, capital offence was not included, therefore, the offences, with which Kyari were being charged, were bailable ones as provided by the constitution.

She cited a case of “Olatunji Vs. Federal Republic of Nigeria, 2003, and Suleiman Vs. Commissioner of Police, 2008,” where it was held that it was the constitutional right of the applicants to be granted bail in offences other than capital offence, to back her argument.

“I urge my lord to grant the application as prayed because it is the constitutional right of the applicant to be admitted to bail,” she prayed.

Besides, the lawyer said that Kyari was suffering from diabetes and that he was hypertensive, hence, his drugs and food had to be regulated.

The lawyer, who also told the court that she was denied access to Kyari on Thursday when she tried to see him at the custody, stressed that since her client had been arrested on Feb. 12, he had not been on balance diet, considering his health challenge.

She urged the court to use its discretion in admitting him on bail, pointing out that Kyari had a reliable surety and he would not jump bail.

Responding, the NDLEA’s lawyer disagreed with Ikena.

Sunday said that in countering the application, the agency filed a 19-paragraph counter affidavit on Feb. 28 and attached with five exhibits.

According to him, the first exhibit is the police investigation and the second exhibit is our application before the Federal High Court for an order to detain the applicant for 14 days.

“We also exhibited as Exhibit 4 the order of your learner brother granting the 14-day order,” he said.
Sunday further said that “Exhibit 5” was the charge the agency filed before the court.

“We rely on all the paragraphs and exhibits. We attached a written address which we adopt as our oral argument in this matter my lord,” he said.

He said on Kyari’s ill-health, the agency had an excellent medical personnel that could handle any medical challenge he might be faced with.
.
He said their paragraphs 13 and 14 which made the averments had not been controverted by the applicant.

The NDLEA legal director informed that though the agency was done with the drug- related investigation, his office was still investigating Kyari on money laundering matter.

He said if granted bail, Kyari might interfere with the ongoing investigation.

He said though there were grounds for making bail plea, the lawyer said Kyari had not met this.
But Kyari’s lawyer disagreed with Sunday.

She said based on their “Exhibit A,” Kyari was 46-year old with a known diabetic and hypertensive medical record for a three years’ period.

The lawyer, who said her client needed the attention of his medical officer, urged the court to admit him to bail.

The News Agency of Nigeria (NAN) reports that Justice Zainab Abubakar of FHC sitting in Abuja had, on Deb. 22, granted the NDLEA’s application to have Kyari and six other suspects, linked to the alleged drug trafficking, detained for 14 more days to complete its investigation.

NAN also reports that Kyari, earlier through his lawyer, had, on Feb. 21, approached the court with an ex-parte motion and originating summons seeking for a bail and asking the court to enforce his fundamental human rights which he alleged had been breached by the unlawful arrest and detention.

He alleged that the charges preferred against him were trump-up and baseless.

Kyari, in the main suit, urged the court to make an order directing the NDLEA to pay him N500 million for infringing on his rights.

He also asked the court to direct the agency to tender a public apology in national dailies.

Justice Ekwo fixed March 15 to take the application.

Previous Post

Russian invasion: Romania, Hungary grant visa-free access to Nigerians fleeing Ukraine

Next Post

NCC moves to strengthen AOL administration

Related Posts

UN Security Council: Nigeria demands two permanent seats, veto powers for Africa
Governance

UN Security Council: Nigeria demands two permanent seats, veto powers for Africa

September 25 2026
2027: Why I can’t step down for Atiku – Peter Obi
Headlines

I left Anambra debt-free, Peter Obi insists

September 25 2026
NECO suspends 2020 exams indefinitely
Latest News

NECO records 58.67% pass rate in English, Maths

September 25 2026
Tinubu, Shettima’s absence: I’m not Acting President, says Akpabio
Headlines

Tinubu, Shettima’s absence: I’m not Acting President, says Akpabio

September 23 2026
Tinubu orders probe into death of detained miners in Niger State
Headlines

Tinubu orders probe into death of detained miners in Niger State

September 19 2026
Gov. Bago declares 24-hour curfew following unrest over miners’ deaths
Latest News

Gov. Bago declares 24-hour curfew following unrest over miners’ deaths

September 18 2026
Next Post
NCC committed to tackling telecom infrastructure deficit, says Danbatta

NCC moves to strengthen AOL administration

EU dampens Ukraine plea for immediate membership

EU dampens Ukraine plea for immediate membership

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Minister defends King’s College concession, cites infrastructure decay

Minister defends King’s College concession, cites infrastructure decay

by The Editor
September 16 2026
0

...

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

APPOINTMENTS

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

by The Editor
September 23 2026
0

...

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

Niger State governor appoints six commissioners-designate, four aides

Niger State governor appoints six commissioners-designate, four aides

by The Editor
September 8 2026
0

...

Tinubu swears in Enitan as new Head of Service

Tinubu swears in Enitan as new Head of Service

by The Editor
August 28 2026
0

...

ODDITIES

Residents find lifeless body in Akwa Ibom gutter, police begin probe

New co-tenant absconds with neighbour’s children in Akwa Ibom

by The Editor
September 17 2026
0

Palliatives: Sokoto residents feared dead in stampede at Wammako’s residence

Police Inspector slumps, dies after fitness exercise

by The Editor
September 3 2026
0

How friend deceived me to sell my kidney, bought phones with payment — Victim

How friend deceived me to sell my kidney, bought phones with payment — Victim

by The Editor
August 30 2026
0

GLOBAL NEWS

Gambia orders banks to replace foreign workers with locals

Gambia orders banks to replace foreign workers with locals

by The Editor
September 25 2026
0

...

Trump signs security deal with Greenland, Denmark at UN

Trump signs security deal with Greenland, Denmark at UN

by The Editor
September 23 2026
0

...

Trump bars CNN, MS NOW, Politico from White House

Trump bars CNN, MS NOW, Politico from White House

by The Editor
September 18 2026
0

...

2027 Hajj: Saudi Arabia rejects Nigeria’s request for additional slots

2027 Hajj: Saudi Arabia rejects Nigeria’s request for additional slots

by The Editor
September 17 2026
0

...

Canada flags Nigeria, 16 African countries as high-risk in new travel advisory

Canada raises study permit, visitor visa processing times for Nigerians

by The Editor
September 17 2026
0

...

State of the States

Auto Draft

Enugu Air opens international route to Cameroon, begins Enugu-Douala service

by The Editor
September 25 2026
0

...

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

by The Editor
September 17 2026
0

...

Fubara orders fresh LG elections in Rivers State

Fubara signs N1.84tt Rivers 2026 budget into law

by The Editor
September 3 2026
0

...

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

by The Editor
September 2 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest

Nigeria advances research sovereignty as Health Ministry, NHIA, partners convene inaugural Health Financing Forum

September 28 2026
Candidate Sowore: Revolution, Marijuana and other stories

Candidate Sowore: Revolution, Marijuana and other stories

September 25 2026
Nigeria, U.S. sign framework for $700 billion mineral investment

Nigeria, U.S. sign framework for $700 billion mineral investment

September 25 2026
Court nullifies Pantami as Gombe PDP guber candidate

Court nullifies Pantami as Gombe PDP guber candidate

September 25 2026

EDITORIAL REVIEW

Tele-robotic surgery: Nigeria needs more medical feats – Punch

Tele-robotic surgery: Nigeria needs more medical feats – Punch

by The Editor
September 25 2026
0

2027: Voter registration figures must mirror turnout – Punch

2027: Voter registration figures must mirror turnout – Punch

by The Editor
September 17 2026
0

EFCC recoveries: The good, the bad and the ugly – Punch

EFCC recoveries: The good, the bad and the ugly – Punch

by The Editor
September 11 2026
0

Football’s house of failure – Punch

Football’s house of failure – Punch

by The Editor
September 8 2026
0

FAAC shares N2.09tr to FG, states, local councils as October revenue

FAAC bonanza: Nigeria’s fiscal paradox – Punch

by The Editor
September 3 2026
0

Opinion

Candidate Sowore: Revolution, Marijuana and other stories

Candidate Sowore: Revolution, Marijuana and other stories

by The Editor
September 25 2026
0

...

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Fake agencies: Why Nigeria still needs Oronsaye report

by The Editor
August 25 2026
0

...

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.