Abba Kyari, the suspended deputy commissioner of police, will not be released even though a Federal High Court in Abuja granted him bail in the amount of N50 million, Daily Trust can confirm.
On Thursday, Kyari, who is accused of failing to declare assets together with his siblings, received bail.
In the court, the National Drugs Law Enforcement Agency (NDLEA) had brought a 24-count complaint against DCP Kyari, his brothers Mohammed Baba and Ali for failing to list allegedly connected assets on his asset form.
The Kyari brothers, who were suspected of receiving money from an international scam ring connected to Ramoni Abbas, a.k.a. Hushpuppi, had previously been granted bail by the judge.
Justice James Omotosho granted Kyari bail in the amount of N50m and two sureties in the same amount in his decision on Thursday.
Justice Omotosho added that the sureties must have property worth N25m within the court’s jurisdiction.
He ordered Kyari and the sureties to deposit their international passport, their statement of accounts, the title deed of the sureties’ property and recent passport photographs with the registrar of the court.
He held that the offences were bailable, adding that there was no evidence that the embattled cop is a flight risk or could fail to attend his trial.
Justice Omotosho noted that the NDLEA did not deny Kyari’s claim that he was in the Nigerian Correctional Service, Kuje during the last prison break, but chose to stay put instead of escape.
He said: “On the possibility of the 1st defendant (Kyari) 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 jail break 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 (NDLEA) which means it is admitted. This shows that the applicant is unwilling to run away from his trial and has shown 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 grated same. I note that there have been rulings denying the 1st defendant/applicant bail.
“I am, however, minded to grant him bail as he was been in detention for a long time and also based on his constitutional right to bail according to section 36(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“He has not committed a capital offence neither has it been proved that he is a flight risk. I therefore exercise my discretion in favour of the defendant/applicant.”
Kyari will remain in jail in connection with a different case.
The judge clarified that Kyari’s ultimate release on bail would be contingent upon the outcome of a separate case in which he was accused of committing drug-related offenses alongside four other people.
In the case before him, Justice Omotosho ruled that his release warrant won’t be signed until the other criminal matters are resolved or he is given bail in those cases.
In the drug-related charges brought against him alongside ACP Sunday Ubuah, ASP Bawa James, Inspectors Simon Agirigba, John Nuhu, and ASP John Umoru – who is reportedly at large – Justice Emeka Nwite refused Kyari bail for the second time on March 23.
The two citizens who had been previously accused of committing the crimes, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, were sentenced to two years in prison after entering guilty pleas.
Hearing date set by Justice Omotosho is October 18.
According to the accusations, Kyari neglected to notify the NDLEA of his property at Plot 1927 Blue Fountain Estate, Karsana, Abuja; an estate at Linda Chaulker Road, Asokoro extension, Abuja; and a development site for a plaza on February 14, 2022.