ICYMI: Court Grants DCP Abba Kyari N50M bail after 18 months

A Federal High Court in Abuja on Thursday, has granted suspended Supercop DCP Abba Kyari a conditional bail in a fresh criminal case of on alleged failure to declare assets.

Granting the bail, the judge, James Omotosho, attached a condition that tied the detainee’s release to either the conclusion of his ongoing separate trial on drug trafficking charges, or the concurrent decision of the other judge handling the case to grant bail to him.

In the latest suit, the National Drug Law Enforcement Agency (NDLEA) accused Mr Kyari and his two siblings, Mohammed Kyari and Ali Kyari, of non-disclosure of assets.

Subsequently, they were arraigned in June on a 24-count charge before James Omotosho of the Federal High Court in Abuja.

Mr Kyari, a deputy commissioner of police and former head, Intelligence Response Team (IRT), was suspended from office in July 2021, over link with popular fraudster, Ramon Abbas, popularly called Hushpuppi.

He was indicted by a U.S. court as a conspirator in a $1.1 million fraudulent deal with Hushpuppi.

The NDLEA is also prosecuting Mr Kyari and four other police officers before another federal judge, Emeke Nwite, in Abuja over cocaine trafficking.

Ruling on a bail request on Thursday, Mr Omotosho granted a conditional bail to Mr Kyari at the sum of N50 million with two sureties in like sum,

The judge had earlier granted bail to Mr Kyari’s siblings.

Unlike Mr Nwite, who refused Mr Kyari bail on drug trafficking-related charges, Mr Omotosho said there was no proof that the defendant was a flight risk as canvassed by the NDLEA.

“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.”

The judge held that the offences with which Mr Kyari and his co-defendants were charged are bailable.

“On the possibility of the 1st defendant (Mr 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 5 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,” the judge ruled.

Reeling out the bail conditions, the judge said Mr Kyari’s sureties must have property worth N25 million within the court jurisdiction in Abuja.

However, Mr Omotosho clarified that even when Mr Kyari fulfils the bail conditions, his release will not come to effect until the other judge, Mr Nwite, grants him bail or when the drug trafficking case comes to an end.

Mr Omotosho added that Mr Kyari’s release warrant would not be signed until either of the two scenarios comes to effect.

The judge adjourned further hearing in the suit until 18 October.

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