The Federal High Court in Abuja has denied a new bail request for Abba Kyari, a suspended deputy commissioner of police, and four other police officers facing drug trafficking charges.
Background
The News Agency of Nigeria (NAN) reports that the defendants in case FHC/ABJ/57/2022 include four members of the now-disbanded Police Intelligence Response Team (IRT): Sunday J. Ubia, Bawa James, Simon Agirigba, and John Nuhu. Trial judge Emeka Nwite ruled that the defendants did not present sufficient evidence to justify granting bail.
Previous Developments
Mr. Kyari was arrested on February 14, 2022, by the National Drug Law Enforcement Agency (NDLEA) for alleged involvement in a cocaine deal. He and the other officers were arraigned on March 7, 2022. Two other suspects, Chibunna Umeibe and Emeka Ezenwanne, were also charged and have since pleaded guilty and been convicted.
Last month, the court temporarily granted Mr. Kyari a two-week bail to attend his mother’s final burial rites, with a bail amount set at N50 million and two sureties.
Fresh Bail Application
In his latest bail application, Mr. Kyari argued that he had been in pre-trial detention for over two years as of March 7, which exceeds the one-year period considered an exceptional circumstance under the Administration of Criminal Justice Act (ACJA), 2015. His lawyer cited Section 161(2)(b) and (c) of the ACJA and Section 124(1)(b) of the Evidence Act, 2011, arguing that the earlier reasons for denying bail were no longer valid as 15 of the 16 prosecution witnesses had already testified. Kyari also claimed that his continued detention violated his fundamental human rights.
Court’s Ruling
Judge Nwite emphasized that the decision to grant bail is discretionary, based on ensuring that the defendant will attend the trial, not interfere with investigations, and not pose a threat to society. He noted that the arguments presented by Mr. Kyari did not change the court’s earlier findings. The judge referenced Section 35(1) of the Nigerian constitution, highlighting that it aligns with the charges against Mr. Kyari, which carry a maximum sentence of 25 years. Consequently, the judge ruled that there was no breach of Section 161(2)(b) and (c) of the ACJA.
Charges and Allegations
NDLEA prosecutors accuse Mr. Kyari and the four IRT members of dealing in 21.35kg of cocaine between January 19 and 25, 2022. One charge alleges they tampered with the cocaine by substituting 17.55kg of it with another substance, violating Section 14(b) of the NDLEA Act. Another count charges Mr. Kyari with attempting to obstruct NDLEA operations by offering a $61,400 bribe to a senior anti-narcotics officer. Additionally, Messrs Umeibe and Ezenwanne are accused of importing the cocaine via the Akanu Ibiam International Airport in Enugu on January 19, 2022.
Conclusion
Judge Nwite refused the fresh bail application, maintaining his earlier order for an accelerated hearing of the case. This ruling continues to keep Mr. Kyari and his co-defendants in custody as their trial proceeds.
