Abba Kyari Stays In Kuje Prison Despite N50m Bail

Despite being granted bail in the sum of N50 million by a Federal High Court in Abuja, suspended Deputy Commissioner of Police (DCP), Abba Kyari, will not be released from the Kuje Correctional Centre for now.

Kyari, currently facing charges of failure to declare assets alongside his siblings, was granted bail on Thursday, July 6, 2023, by the Court. Among the charges, it was claimed that Kyari on February 14, 2022, failed to declare to the NDLEA property at Plot 1927 Blue Fountain Estate, Karsana, Abuja; as well as an Estate and a plaza under construction at Linda Chaulker Road, Asokoro Extension, Abuja in the nation’s capital.

The embattled DCP Kyari, as well as his two brothers, Mohammed Baba and Ali, were brought before the Court in 24-count charges filed by the National Drugs Law Enforcement Agency (NDLEA) over his failure to declare properties allegedly linked to him in the asset form.

Earlier, the judge had granted bail to the Kyari brothers accused of receiving funds from an international scam syndicate linked to Ramoni Abbas, popularly called Hushpuppi.

In his ruling on Thursday, Justice James Omotosho granted Kyari bail in the sum of N50 million and two sureties in like sum, adding that the sureties must have property worth N25 million within the court’s jurisdiction.

In ordering Kyari and the sureties to deposit their international passport, statement of accounts, the title deed of the sureties’ property and recent passport photographs with the Court Registrar,  Justice Omotosho held that the offences were bailable.

According to him, there was no evidence that the embattled cop is a flight risk or could fail to attend his trial, noting that the NDLEA did not deny Kyari’s claim of being in the Nigerian Correctional Service, Kuje during the last prison break, but decided to stay put instead of escaping from prison.

Justice Omotosho said; “On the possibility of the 1st defendant (Kyari) 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 jailbreak of 5th July 2022 occurred and he stayed put, even though he had the opportunity of escaping.

“This deposition was not challenged by the complainant/respondent (NDLEA) which means it is admitted. This shows that the applicant is unwilling to run away from his trial and has shown a 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 1st defendant/applicant bail.

“I am, however, minded to grant him bail as he was 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.”

‘Kyari Stays In Custody For Now’

However, the judge explained that the final release of Kyari on bail would depend on developments in a sister case in which he was charged with four others on drug-related offences.

The Court 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.

On 23rd March 2023, Kyari was denied bail for the second time by Justice Emeka Nwite in the drug-related offences brought against him alongside Assistant Commissioner of Police (ACP) Sunday Ubuah, ASP Bawa James, Inspectors Simon Agirigba, John Nuhu and ASP John Umoru, who is said to be at large.

The two civilians earlier charged with them: Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne were jailed for two years each after they pleaded guilty to the offences.

Meanwhile, Justice Omotosho has set October 18 as the next hearing date in the case. – With Daily Trust report