By Deborah Onyofufeke
Justice Emeka Nwite, of the Federal High Court sitting in Abuja, on Tuesday, rejected the fresh bail application of the suspended Deputy Commissioner of Police, DCP, Abba Kyari, who is facing drug trafficking charges, that was brought before
The Judge, stated that Kyari was not able to convince the court, on its previous decision, that ordered his remand at Kuje prison pending the determination of the case against him
Kyari, through his team of lawyers led by a Senior Advocate of Nigeria, SAN, Dr. Onyechi Ikpeazu, re-approached the court, begging it to release him on bail, on the grounds that his life was in danger at the Kuje prison.
The suspended DCP, had told the court that he was being remanded with hardened criminals that his team made their arrest possible.
He told the court that though the terrorists, after they attacked the correctional centre which lasted for over three hours, opened all the gates and forced inmates to escape, himself and four other members of his team who were also remanded with him, refused to escape
His counsel, Ikpeazu, SAN, argued that the prison attack established a special and exceptional circumstance that should warrant the court to release his client and his men on bail, pending the determination of the charge against them.
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The trial court dismissed Kyari’s argument that the Kuje jailbreak constituted an exceptional circumstance that the court should consider and review its earlier ruling that denied him bail.
It noted that, the fact that Kyari and four other police officers, facing trial with him, did not escape during the Kuje prison attack by terrorist, wasn’t enough to reason for them not to contemplate jumping bail, once they have been released from custody.
Justice Nwite, said the argument presented, did not fall within the purview of sections 162 and 163 of the Administration of Criminal Justice Act, ACJA, 2015, to warrant the court to vary its subsisting order.
He added that since the NDLEA has not closed its case, both Kyari and his co-defendants could interfere with some of the vital witnesses or undermine their prosecution, if released on bail.
“The defendants has still not presented sufficient materials before me to warrant the grant of the fresh applications. Consequently, the applications are refused and my former order for accelerated trial is hereby sustained”, the trial Judge held.
Kyari, is facing trial alongside four police officers who are members of his team; ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu.
The court had on March 28, declined to release the defendants on bail, pending the determination of the eight-count charge the National Drug Law Enforcement Agency, NDLEA, preferred against them.
The NDLEA had alleged that Kyari and his men, 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.
