The Federal High Court in Abuja has granted bail to the suspended Deputy Commissioner of Police, Abba Kyari.
Kyari was on Thursday granted bail by Justice James Omotosho in a charge in which he and two of his siblings – Baba Kyari and Ali Kyari are accused of failing to declare assets to the National Drug Law Enforcement Agency.
Ruling in an application filed by the defendant, Justice James Omotosho granted conditional bail to Kyari at the sum of N50m with two sureties in like sum.
Justice Omotosho added that the sureties must have property worth N25m within the jurisdiction.
Other conditions include that Kyari and his sureties are to deposit their international passport, their statement of accounts, the title deed of the sureties’ property and recent passport photographs with the court registrar.
Besides, the judge further subjected the endorsement of his release warrant to the developments in another case pending before Justice Emeka Nwite wherein he is being tried with four others on drug-related offences.
In granting his application, the judge held that there was no evidence that he was a flight risk and that he would not attend his trial.
The Justice pointed out that the NDLEA did not deny Kyari’s claim that he was in Kuje prison during the last prison break, but did not escape even when he had the opportunity.
“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 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 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.
More so, he held that the offences with which Kyari and his co-defendants were charged are bailable.
“He has not committed a capital offence nor has it been proved that he is a flight risk. I, therefore, exercise my discretion in favour of the defendant/applicant.”
The court adjourned further hearing in the case to October 18.
The PUNCH
