The Federal High Court sitting in Abuja, on Tuesday, disregarded a fresh bail application that was brought before it by the detained Deputy Commissioner of Police, DCP, Abba Kyari, that is facing medicine trafficking charge.
The court, in a ruling that was provided by Justice Emeka Nwite, held that the put on hold DCP, failed to establish why its previous choice that purchased his remand at Kuje Prison pending the resolution of the instance against him, need to be set-aside.
It held that the reality that Kyari and four other law enforcement agents that are dealing with trial with him, did not leave when Kuje prison was recently struck by insurgents, was inadequate to prove that they would certainly not jump bail once they are released from safekeeping.
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Justice Nwite dismissed Kyari’s argument that the Kuje jailbreak comprised a remarkable situation the court ought to think about and examine its earlier judgment that refuted him bail.
He held that the advancement the accused trusted did not fall within the province of areas 162 and 163 of the Administration of Criminal Justice Act, ACJA, 2015, to require the court to differ its subsisting order.
A lot more so, Justice Nwite held that given that the NDLEA has not closed its case, both Kyari and his co-defendants might disrupt some of the vital witnesses or undermine their prosecution, if launched on bail.
“The defendants has actually still absent sufficient products before me to warrant the grant of the fresh applications. As a result, the applications are rejected and my former order for increased trial is thus sustained”, the trial Judge held.
Kyari, that hitherto headed the Police Intelligence Response Team, IRT, is facing test along with 4 members of his group; ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu.
The court carried March 28, declined to launch the defendants on bond, pending the decision of the eight-count charge the National Drug Law Enforcement Agency, NDLEA, liked against them.
Nonetheless, though the NDLEA had actually because opened its case by creating a few of its witnesses, the put on hold DCP, through his team of legal representatives led by a Senior Advocate of Nigeria, SAN, Dr. Onyechi Ikpeazu, re-approached the court, asking it to release him on bail, insisting that his life remained in risk at the Kuje prison.
He told the court that he was being remanded with hardened criminals that his team made their apprehension feasible.
Kyari, who was inside the Prison facility when the insurgents that were later on identified as members of the Islamic State West Africa Province, ISWAP, a breakaway intrigue of the Boko Haram terrorist sect, attacked it on July 5, told the court that he concealed himself like a rat.
He told the court that though the terrorists had after they took the Prison facility for over three hours, opened up all evictions and forced inmates to leave, he decreased to flee, together with four other participants of the Police Intelligence Response Team, IRT, that were likewise remanded with him.
Ikpeazu, SAN, suggested that the prison assault established “a unique and outstanding situation” that must necessitate the court to release his customer and his men on bond, pending the resolution of the charge against them.
The NDLEA had actually alleged that Kyari and his guys, unlawfully tampered with 21.25 kilograms worth of cocaine that they seized from the two founded guilty medicine traffickers- Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwane- also as it also implicated them of dealing in cocaine worth 17.55 kg.
It alleged that the police officers committed the offence in between January 19 and 25, 2022, at the workplace of Inspector-General of Police (IGP) IRT, Abuja, in connivance with one ASP John Umoru (currently at large), as opposed to section 14(b) of the NDLEA Act, CAP N30 Laws of the Federation of Nigeria 2004.