Hearing in DCP Abba Kyari’s Bail Suffers Setback as FG Denies Service

*Falana: Suspended ‘super cop’ believed he was above the law

Alex Enumah and Adedayo Akinwale in Abuja

Hearing in the bail application of detained Deputy Commissioner of Police (DCP) Abba Kyari before a Federal High Court, Abuja, suffered set back following the denial of service of the bail application by the federal government.

This is just as Lagos-based senior lawyer and human rights activist, Mr. Femi Falana, yesterday described the allegations of money laundering against Kyari as a case of impunity because he believed he was above the law.

Kyari has been in custody of the National Drug Law Enforcement Agency (NDLEA) since his arrest last week, by the Police and subsequent transfer to the NDLEA for investigation “over his involvement in a 25kg cocaine deal.”

However, days after his arrest and detention at the NDLEA, Kyari filed a fundamental human rights suit against the federal government, describing the drug trafficking allegations against him as trumped-up charge as well as breach of his rights.

Amongst others he prayed the court to order for his immediate release or in the alternative admit him to bail in liberal conditions.
However, in a short ruling, Justice Inyang Ekwo, declined to grant the exparte application and rather ordered that the applicant put the respondents on notice and adjourned till February 24, 2022, for hearing.

According to Justice Ekwo, the averments made by the applicant was such that would warrant the respondents to appear in court and answer to the allegations.

Therefore, when the matter came up yesterday, the court could still not hear the bail application because counsel to the federal government, Mike Kassa, acknowledged service of court processes, he said the application for bail was not included.

He told the court that he had already served his counter affidavits on the applicant.
Responding, Kyari’s lawyer, Cynthia Ikena insisted that the bail application was served on the federal government. She also said the proof of service was in the court record.

Presiding Justice Ekwo then directed the applicant to serve the respondent a copy of the motion in court and stood down the matter for an hour.
At the resumed hearing, one Joseph Sunday who announced appearance for the federal government, requested for time to enable him respond to the bail application.

Consequently, the judge adjourned the matter to February 28 and directed the federal government to put their house in order.
The NDLEA had on Monday, obtained an order to further detain Kyari and six others for another 14 days to enable them conclude their investigation of the alleged drug trafficking offence.

Falana: Kyari Believed He Was Above the Law

Falana described the allegations against Kyari as a case of impunity because he believed he was above the law.
He said he has nothing but pity for Kyari for allowing himself to be messed up by the Nigerian system.

Falana said this yesterday, in Abuja, at the 26th Anti-Corruption Situation Room (ACSR), organised by the HEDA Resource Centre in partnership with the Technical Unit on Governance and Anti-corruption Reforms (TUGAR), Centre for Journalism Development (CJID), National Orientation Agency (NOA) and AFRICMIL.

The rights activist said Kyari operated in an atmosphere of impunity and got himself messed up.
“While the request of the United States government was yet to be filed in court, the gentleman (Kyari) who operates in an atmosphere of impunity got himself enmeshed in a drug trafficking enterprise.

“No country or government would want to frustrate the extradition of a criminal suspect by asking him to get engaged in drug trafficking and embarrass the country, no!”
Falana stressed that people must not buy conspiracy theories that are not logical, adding that government did not ask him to get involved in drug trafficking.

He stated: “Arrest has been made, the materials have been recovered. It was at the stage of taking the suspect and the materials to the NDLEA that members of the IRT involved in the operation contacted him and said, hey, this is business, that’s all.
“It has nothing to do with either the Police or the government. This is just a question of somebody who believes that he is above the law and nothing will happen to him.

“It is an attitude of impunity that has happened in this case. And I must confess that I have nothing but pity for him, for allowing himself to be messed up by the Nigerian system.”

Falana pointed out that allegations including extrajudicial killings against Kyari were brushed aside by Police authorities before now, saying he had never been queried.

Earlier, the Chairman, HEDA Resource Centre, Mr. Olanrewaju Suraju, lamented Nigeria’s anti-corruption fight had been that of a flip-flop.
He decried the situation where some of the anti-corruption agencies were making efforts in fighting corruption and the supervisory office or ministry undermining or even comprising some of the cases.