Abuja High court grants Abba Kyari bail after 18 months in prison

The suspended deputy commissioner of police, Abba Kyari, has been granted bail by the Federal High Court in Abuja.

In a case where 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, Kyari was granted bail on Thursday by Justice James Omotosho.

Kyari was granted conditional bail with two sureties totalling N50m by Justice James Omotosho in response to a request made by the defendant.

The sureties must own property worth N25 million inside the jurisdiction, according to Justice Omotosho.

Kyari and his sureties must also provide their foreign passports, statements of accounts, title deeds for the properties they are sureties for, as well as current passport photos, to the court registrar.

The judge also made the approval of his release warrant contingent on the results of another case that is still pending before Justice Emeka Nwite and in which he is being tried alongside four other people for drug-related offences.

The judge approved his application since there was no proof that he posed a flight risk and that he wouldn't show up for his trial.

The Justice emphasised that although the NDLEA did not dispute Kyari's testimony that he was in Kuje jail during the previous prison break and had the option to escape, he chose not to do so.

“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.

Furthermore, he ruled that Kyari and his co-defendants are eligible for bail for the offences they were charged with.

“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.

Source