The suspended Deputy Commissioner of Police (DCP), Abba Kyari, will not be released from Kuje prison despite being granted bail in the sum of N50 million by a Federal High Court.
Recall that INFORMATION NIGERIA had earlier reported that Kyari, who is facing charges of failure to declare assets alongside his siblings, was granted bail on Thursday after 18 months in jail.
According to the Judge, Kyari and his team refused to escape when they had the chance to do so during the Kuje Prison attack on July 5, 2022. He ruled that Kyari’s refusal to escape when about 90 per cent of the inmates escaped, “has proven that Kyari is ready to face any allegations against him.”
He said: “On the possibility of the 1st defendant (Kyari) 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 (NDLEA) 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.
READ MORE: Court Grants Abba Kyari Bail After 18 Months In Prison
“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.
“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, therefore exercise my discretion in favour of the defendant/applicant.”
However, the judge explained that the final release of Kyari on bail would depend on developments in a sister case in which he was charged with four others on drug related offences.
Justice Omotosho held that his release warrant in respect of the case before him, will only be signed if the other pending criminal cases are concluded or that he is granted bail in those cases.
Kyari was on March 23 denied bail for the second time by Justice Emeka Nwite in the drug-related offences brought against him alongside ACP Sunday Ubuah, ASP Bawa James, Inspectors Simon Agirigba, John Nuhu and ASP John Umoru – who is said to be at large.
The two civilians earlier charged with them were, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne were jailed for two years each after they pleaded guilty to the offences.
Justice Omotosho has set October 18 for hearing.
