Abba Kyari, formally detained Deputy Commissioner of Police (DCP) and erstwhile Commander of the Inspector General of Police (IGP) Intelligence Response Team (IRT), may have returned back to prison, no thanks to the decision of the Federal High Court sitting in Abuja to deny him a fresh bail application, after a temporary relief for him to bury his mother.
Justice Emeka Nwite, who presided over the case of the multiple award-winning super cop, who is currently being prosecuted by National Drug Law Enforcement Agency (NDLEA) for drug-related crimes, refused to renew a fresh pleading for bail, pending the conclusion of his trial, after the expiration of the initial one.
At a court session in which reporters were barred, the court, reportedly ruled on Wednesday, that the fresh application by the embattled police officer lacked merit, stressing that Kyari, who is currently suspended from the police, failed to establish any exceptional circumstance that would warrant the exercise of judicial discretion in his favour.
Nwite, who noted that the trial court had earlier dismissed a similar bail application that was brought before it and ordered accelerated hearing of the case, held that no evidence was adduced to show why the court should depart from its earlier ruling and consequently, refused the application and gave the National Drug Law Enforcement Agency, NLDEA, the nod to proceed with prosecution of both Kyari and his co-defendants in the matter.
Kyari had secured a temporary relief a month ago after the court granted his release from prison custody to enable him to participate in his mother’s final burial rites, for a period not exceeding two weeks, while being mandated to pay a bail bond to the tune of N50million with a surety in the like sum.
Nwite, who had on May 16, 2023, barred reporters from covering the case of the defendant who is on trial for allegedly tampering with cocaine that was seized from two convicted drug peddlers- Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, maintained that they should stay away whenever Kyari’s case was called up for hearing before the court.
This was after acceding to an application brought before the court by the anti-drug agency in the matter of Kyari, currently facing an eight-count charge preferred against him and four members of his team; ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu citing security reasons.
At the Wednesday proceeding, the agency had persuaded the court to walk all reporters and lawyers not connected to the case, out of the courtroom, citing the need to protect identities of some witnesses billed to testify in the matter, with Sunday Joseph, its lawyer, pleading that that some of the witnesses he identified as intelligent officers, needed to be shielded, in view of the sensitivity of the case.
Sunday, Director of Prosecution at the NDLEA, maintained that the application was in the overall national interest, the prosecution counsel said it was observed that members of the Inspector-General (I-G) of Police IRT, who were loyal to DCP Kyari, were always in court to observe the proceedings.
Kyari, who had twice lost the bid for his freedom at the lower court and Court of Appeal and who also lost the bid to halt the trial, following the dismissal of his application on March 22, challenging the jurisdiction of the court, by the court, had argued through Nureni Jimoh (SAN), his lawyer that the charge was legally defective and premature, because the NDLEA ought to have allowed police to exhaust its internal machinery before it instituted the action.
Owing to the ongoing investigation by his employers, Kyari, whose ordeal started after the NDLEA said he tampered with the drug he seized, had told the court that he could only be charged to court upon conclusion of the internal investigation by the police, which he acknowledge already had an interim report on the matter,
Specifically, the anti-drug agency is claiming that the suspended IRT boss, 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.
The offence was allegedly committed 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.