Bail has been granted to Abba Kyari, the suspended Deputy Commissioner of Police, by the Federal High Court in Abuja. Kyari, along with his siblings Baba Kyari and Ali Kyari, were granted bail by Justice James Omotosho on Thursday in a case concerning the alleged refusal to declare assets to the National Drug Law Enforcement Agency.
In response to the defendant’s application, Justice James Omotosho granted conditional bail to Kyari, setting the bail amount at N50 million. Two sureties, each contributing an equal sum, are required as part of the bail conditions.
In addition, Justice Omotosho mandated the sureties to have property valued at N25 million within the jurisdiction, in accordance with the bail terms.
The court further specified that Kyari and his sureties must provide their international passports, statement of accounts, title deeds of the sureties’ properties, and recent passport photographs to the court registrar, in compliance with the bail conditions.
The judge clarified that Kyari’s release warrant would be endorsed based on the outcomes of another ongoing case before Justice Emeka Nwite, where Kyari and four other individuals are being prosecuted for drug-related charges.
After careful consideration, the judge granted Kyari’s application, asserting that no evidence was presented to suggest he would be a flight risk or exhibit non-attendance at his trial.
The Justice highlighted that the NDLEA did not dispute Kyari’s assertion that he was present at Kuje prison during the recent prison break, but chose not to escape despite having the opportunity 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.’
The judge explicitly stated that the charges against Kyari and his co-defendants are subject to bail due to their classification as bailable offenses.
‘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 deemed it appropriate to adjourn further proceedings in the case until October 18.