A Federal High Court in Abuja has rejected a new bail application for the suspended Deputy Commissioner of Police (DCP), Abba Kyari.
Former super cop Kyari is on trial alongside four others for alleged drug dealing. He is also wanted in the United States for his alleged involvement in financial fraud.
Kyari and six others were arrested in March by the National Drug Law Enforcement Agency (NDLEA) over allegations akin to a cocaine deal.
Several requests for Kyari’s bail had been rejected by the court.
Kyari’s attorney, Onyechi Ikpeazu, said the former head of the Intelligence Response Team was not safe in custody as he was being held with criminals his (Kyari’s) team had arrested.
Kyari also cited the July 5 incident in which gunmen attacked Kuje Correctional Facility and freed more than 500 inmates, including suspected Boko Haram members.
Read also:Cash evidence against Abba Kyari presented in court, bail hearing postponed
He said his refusal to escape despite the jail doors being left open for more than three hours shows he is a law-abiding citizen and would not jump bail if he was granted.
However, trial judge Emeka Nwite denied Kyari’s new request on the grounds that the suspended detective had failed to establish why the previous court decision ordering his dismissal pending the decision on the case against him should be cancelled.
Nwite, ruling on the request on Tuesday, said the fact that Kyari and four other officers did not escape during the escape was not enough to prove that they would not jump bail when released.
The judge rejected Kyari’s claim that Kuje’s escape constituted an extraordinary situation that the court should consider and reconsider its earlier decision denying him bail.
According to him, the defendant’s recourse to evolution did not give rise to a situation which would require the court to vary an existing order in accordance with sections 162 and 163 of the Administration of Criminal Justice Act 2015 (ACJA ).
Additionally, Nwite ruled that if Kyari and his co-defendants were released on bail, they would interfere with some of the crucial witnesses or jeopardize their prosecution because the NDLEA failed to complete its case.
“The defendants have still not presented sufficient material before me to justify granting the new claims. Accordingly, the claims are dismissed and my former expedited trial order stands,” the judge said.
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