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The Federal High Court sitting in Abuja on Tuesday denied the bail application by the suspended Deputy Commissioner of Police, Abba Kyari, in the alleged drug trafficking case instituted against him and two other defendants.
This is third bail application filed by Kyari before the Abuja court division. He and others are facing charges bordering on the possession of 21.35kg of cocaine.
Recall that in a fundamental human right suit filed by Kyari before Justice Inyang Ekwo, his lawyer sought for his bail on liberal terms, citing his diabetic medical condition.
But the NDLEA had tendered a detention order from another court mandating the agency to keep the police officer and others for 14 days for further investigation before subsequent arraignment in court.
Ekwo therefore denied him bail on the grounds of an existing detaining order by a coordinate court.
The NDLEA lawyer had argued that Kyari would jump bail because of the extradition request of the United States against him (relating to alleged money laundering with Hushppupi) as well as the allegations levelled against him in the country.
The court had at the time agreed with the NDLEA, thereby refusing Kyari bail.
Meanwhile, the extradition application against Kyari was on August 29 dismissed by Justice Inyang Ekwo for contravening the Extradition Act.
In the fresh bail, Kyari and two other suspended police officers urged the court to admit them to bail on fresh or new grounds or review the earlier bail application refused by the court.
They contended that their lives were threatened at the Kuje Correctional Centre due to attacks by terrorists.
They also argued that some Eastern Security Network members and other remanded terrorists and armed robbers who were arrested by the Kyari team are at Kuje jail, constitute a threat to their life.
Kyari’s lawyer further argued that all the charges against him are bailable within the eyes of the law and were in line with his fundamental human rights.
But the NDLEA asked the court to deny them bail, adding that the new facts raised by Kyari are unsubstantiated.
NDLEA further argued that if threats to their life were the defendants’ new argument, the court should transfer them to another detaining facility.
It alleged that Kyari has strong connection with some elements of the underworld.
In his ruling on Tuesday, Justice Emeka Nwite said if the court becomes aware of new circumstances regarding a defendant’s remand, he can exercise his jurisdictional powers for or against parties.
He held that the complainant failed to counter the new facts raised by Kyari and others.
“In view of the foregoing, the applicants have still not provided reasons for bail and my former order is sustained,” he said.
THE WHISTLER earlier reported that the sixth and seventh co-defendants to Kyari (Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne) had on March 14 pleaded guilty to possession of illicit drugs while Kyari and others denied the charges.
