The suspended Deputy Commissioner of Police, Abba Kyari, has been retained in the custody of the Nigerian Correctional Service, NCoS, despite being granted bail of N50 million.
Recall that the Federal High Court sitting in Abuja presided by Justice James Omotosho, on Thursday, 6th June, granted Abba Kyari, N50 million bail.
However, this was not good enough for Abba Kyari as a sister court has refused to grant him bail.
Kyari and his siblings, Mohammed Baba Kyari and Ali Kyari, were accused of failing to declare their assets to the National Drug Law Enforcement Agency and therefore charged to court.
However, in a ruling on Thursday, Justice Omotosho granted conditional bail to Kyari with his two sureties in like sum.
According to Justice Omotosho, the defendant has no reason to stay away from trials, referencing the jail break on 5th July, 2022.
“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 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 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 has 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 said.
Although, the judge added that his release warrant is dependent on the developments of a sister-case, which he is being tried with four others on alleged involvement in dealing with illicit substances.
However, Justice Emeka Nwite of the Federal High Court Abuja, who is handling the charge had refused to grant bail to Kyari and his co-defendants.
