I granted Kyari bail because he refused to escape from prison — Judge
…Ex-super cop to remain in prison despite N50 million bail
Justice James Omotosho of the Federal High Court sitting Abuja said Abba Kyari was granted bail because he refused to escape when they had the chance to do so during the Kuje Prison attack.
Recall that armed terrorists bearing machine guns and improvised explosive devices last year July attacked the Kuje Medium Security Correctional Centre in Nigeria’s Federal Capital Territory, setting free dangerous criminals numbering more than 400.
The Judge ruled that the former Head of the Intelligence Response Team of the Nigeria Police Force, Abba Kyari’s refusal to escape when about 90 per cent of the inmates escaped, “has proven that Kyari is ready to face any allegation against him.
“All the allegations are bailable and he is not a flight risk,” he declared.
Kyari was granted conditional bail in the sum of N50 million with two sureties in like sum, adding that the sureties must have property worth N250 million within the court’s jurisdiction, among other conditions.
The NDLEA had filed a 24-count charge marked: FHC/ABJ/CR/408/2022 against Kyari and two of his siblings – Mohammed Baba Kyari and Ali Kyari – in respect of which they were arraigned last month.
The judge held that even when Kyari meets the bail conditions, the endorsement of his release warrant would be subject to development in a sister case pending before Justice Emeka Nwite in which he is being tried with four others on alleged drug deal.
The judge said NDLEA did not controvert the argument, adding that the failure to counter the submission was an admission by the anti-drug agency.
Justice Omotosho held that the offence with which he was being charged was a bailable one.
Kyari had been denied bail twice in the other case pending before Justice Nwite.
His two siblings were earlier granted bail by Justice Omotosho.
The National Drug Law Enforcement Agency (NDLEA) had declared the former super cop wanted over his alleged involvement in a 25kg cocaine deal.
He was subsequently arrested and arraigned in court, which ordered his remand in Kuje Prison, Abuja.
The police had set up a panel to probe the conduct of the former head of the Intelligence Response Team (IRT) of the Inspector General of Police.
He was subsequently suspended from the Force.
The NDLEA had alleged that Kyari and his men, unlawfully tampered with 21.25kilograms worth of cocaine that they seized from the two convicted drug traffickers- Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwane- even as it also accused them of dealing in cocaine worth 17.55kg.
It alleged that the police officers committed the offence between January 19 and 25, 2022, at the office of Inspector-General of Police (IGP) IRT, Abuja, in connivance with one ASP John Umoru (now at large), contrary to section 14(b) of the NDLEA Act, CAP N30 Laws of the Federation of Nigeria 2004. The court had earlier denied the Defendant’s bail, even as it ordered their remand at Kuje Prison.
The NDLEA’s revelation came months after the Federal Bureau of Investigation (FBI) indicted Kyari for conspiring with convicted fraudster and social media influencer, Ramon Abbas, popularly known as Hushpuppi, in a $1.1 million scam targeting Qatari business people.
Hushpuppi, who is known for his luxury life, was arrested in the UAE in June 2020 alongside 11 of his associates over allegations bordering on hacking, impersonation, scamming, banking fraud, and identity theft.
Recall that Ramatu, wife of Kyari, collapsed at the lobby of the Federal High Court in Abuja, on March 14, 2022.
The incident occurred after the judge adjourned the suit till March 28, to decide on the bail applications.
On July 5, 2022, gunmen attacked the Kuje correctional facility and freed over 500 inmates, including suspected members of Boko Haram.
Although there were rumours that former top cop and other “high profile” inmates escaped, Abubakar Umar, spokesperson of the Nigerian Correctional Service (NCoS), denied the claim.
Moving a bail application at the court session, Kyari, through his lawyer, Onyechi Ikpeazu, told the court that he had the opportunity to escape but declined to do so.
