Alex Enumah in Abuja
The Court of Appeal, Abuja has rejected the appeal of the suspended Deputy Commissioner of Police (DCP) Abba Kyari, against the ruling of a Federal High Court, Abuja which last year refused to admit him to bail.
Kyari, who is a former head of the Inspector General of Police Special Intelligence Response Team, is standing trial over alleged complicity in hard drugs dealings.
Kyari and four members of the IRT – ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu were last year arraigned before Justice Emeka Nwite of the Federal High Court Abuja.
The National Drug Law Enforcement Agency (NDLEA) had specifically charged them with conspiracy to deal in 17.55kg of cocaine.
Although they pleaded not guilty to the charges however, the court refused to grant their bail application on the grounds that they might tamper with evidence.
Dissatisfied, Kyari then approached the appellate court seeking for an order reversing the decision of the Federal High Court Abuja which had refused to admit him bail.
But in their ruling yesterday, a three-member panel of the Court of Appeal in a unanimous decision declined to grant bail to Kyari.
Justice Stephen Adah who read the unanimous judgement of the panel, held that given the nature of the charges pending against Kyari and others before the trial court, such requests for bail needed to be handled with caution.
Justice Adah added that Justice Emeka Nwite of the Federal High Court, Abuja, who earlier rejected bail to Kyari, appropriately exercised his discretion in refusing to release the appellant on bail.
The National Drug Law Enforcement Agency (NDLEA) had on March 7, arraigned Kyari alongside Sunday Ubia, Bawa James, Simon Agirigba and John Nuhu who are members of the police Intelligence Response Team (IRT).
Others are Chibunna Umeibe and Emeka Ezenwanne — two alleged drug traffickers who were arrested at Akanu Ibiam International Airport, Enugu.
In the charge marked FHC/ABJ/57/2022, the agency accused the defendants of conspiracy, obstruction and dealing in cocaine worth 17.55 kilograms.
While Umeibe and Ezenwane had pleaded guilty to the charges and have been convicted by the court, Kyari and his IRT members pleaded not guilty and asked the court to release them to bail pending the determination of their trial.
But the court in its ruling in March last year declined to grant their bail request and rather ordered accelerated hearing in the suit.
However, following the attack on the Kuje Correctional Center last July, Kyari and others citing alleged threat to their lives brought a fresh application for bail.
The Islamic State West Africa Province (ISWAP) a breakaway faction of Boko Haram was alleged to have carried out the July 5, attack on the custodial centre, where 879 detainees were said to have escaped, including all 68 imprisoned Boko Haram members.
Onyechi Ikpeazu, SAN, while moving the bail applications for 1st (Kyari), 4th and 5th defendants, said granting his clients bail was a necessity because their lives are no longer saved where they are currently detained.
He said the officers who had performed excellently in their profession by apprehending dangerous and high-profile criminals, most of whom are in the same prison with them, should not be kept in the facility, adding that the court should admit them to bail on liberal terms.
Also, Gboyega Oyewole, counsel for the 2nd defendant, spoke in the same vein.
However, lawyer to the NDLEA, Sunday Joseph, disagreed with the defence counsel and urged the court to dismiss the bail application on the grounds that they have not demonstrated how the new issues will not make them jump bail.
Delivering ruling in the fresh four bail applications in August last year, Nwite agreed with the complainant that the defendants have not demonstrated how they will not jump bail and interfere with the administration of criminal justice.
The judge subsequently declined to grant the fresh applications, noting that threat to life in a detention facility is not a factor for granting bail.
He subsequently adjourned trial to October 19, 20 and 21.
