By Ikechukwu Nnochiri, ABUJA

A Federal High Court sitting in Abuja, yesterday, granted bail to the detained Deputy Commissioner of Police, DCP, Abba Kyari, to the tune of N50 million.

The bail was in relation to the allegation that Kyari, who is facing a separate charge over alleged involvement in drug trafficking, failed to declare his assets to the National Drug Law Enforcement Agency, NDLEA.

The NDLEA had initiated a 24-count charge against the suspended DCP and two of his siblings.

Other defendants in the charge marked: FHC/ABJ/CR/408/2022, are Mohammed Baba Kyari and Ali Kyari.

The court in a ruling delivered by Justice James Omotosho held that the charge the NDLEA preferred against the defendants contained bailable offences.

Consequently, it granted conditional bail to the embattled DCP who was ordered to produce two sureties in the like sum.

The court stressed that the sureties must be owners of landed property not valued below N25 million and located within the jurisdiction of the court.

Though the court okayed DCP Kyari’s release on bail, however, it held that his freedom from Kuje prison, where he is currently kept, would be dependent on developments in the drug trafficking case that is pending against him before a sister court presided over by trial Justice Emeka Nwite.

Justice Omotosho noted that the NDLEA did not refute the defendant’s claim that he refused to escape from custody, even when he had the opportunity after insurgents invaded Kuje prison and freed many inmates.
“On the possibility of the 1st 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 grated 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,” Justice Omotosho held.

Nevertheless, he ordered both Kyari and his sureties to surrender to the court’s Registrar, their international passports, their statement of accounts, the title deed of the sureties’ property, as well as their recent passport photographs.

Justice Omotosho said he would only sign a release warrant in favour of DCP Kyari, upon the conclusion of the drug related charge that is pending against him.

He subsequently adjourned the matter till October 18 for trial.

The court had earlier released Kyari’s siblings on bail.