A Federal High Court, Abuja,presided over by Justice Inyang Ekwo on Monday refused to grant bail to detained Deputy Commissioner of Police, DCP, Abba Kyari, who is currently under investigation over alleged drug trafficking offences.
The former Commander of Intelligence Response Team, IRT, Force Intelligence Bureau, Nigerian Police Force, has been in the custody of the National Drug Law Enforcement Agency, NDLEA, since his arrest on February 12, when he was arrested by the police and then handed over to the NDLEA for investigation.
Unhappy about his incarceration by the anti drug agency, Kyari had applied to the Federal High Court for an order for his immediate release from NDLEA’s custody or admit him to bail on liberal conditions.
On the one hand, Kyari had anchored his application for bail on medical grounds, insuring that it is for him to attend to his failing health, being a diabetic patient and also suffering from high blood pressure, HBP.
He also claimed, on the other hand, that the charge against him was ‘trumped up,’ and not having substance.
But ruling on the bail application on Monday, Justice Ekwo, however, held that the application has been overtaken by events.
Justice Ekwo averred that an order to detain Kyari for 14 more days pending investigation was obtained from a court of coordinate jurisdiction; adding that he would not therefore make an order contrary to that of a court of coordinate jurisdiction.
Ekwo said, “The only order I can make in addition to what I have said is that the respondent shall allow the applicant to his prescribed and verified medication while in custody.”
He subsequently adjourned the matter to March 15 to hear Kyari’s fundamental rights suit.
Recall that Justice Zainab Abubakar of a Federal High Court in Abuja, had on February 23, ordered the NDLEA to further detain DCP Kyari and six others for 14 days, pending the conclusion of investigation.
The agency had hinged the request on the grounds that the hard drug trafficking allegations against the suspects were complex and may require the agency traveling outside the shore of the country to make some clarifications.
Recall that the NDLEA had declared Kyari wanted over his alleged involvement in a 25 kilogrsm cocaine deal.
Arguing the bail application on Monday, Kyari’s lawyer, Cynthia Ikenna, had drew the court’s attention to Kyari’s failing health which she claimed cannot be managed at the NDLEA facility.
While urging the court to admit Kyari to bail, Ikena submitted that since the offence her client was accused of was not capital offences, pursuant to section 35 of the 1999 constitution as amended, her client is entitled to bail.
She told the court, “The applicant is suffering from diabetics and is hypertensive and cannot be managed while in custody, because the level of sugar has to be ascertained every morning and that would determine the drug he is going to take.
“Since he has been in detention, he has no access to medical care. Even on Thursday when I left here, I went to see the applicant with a doctor but I was refused access.”
The lawyer also assured the court that her client would not jump bail if granted, adding that he has “a liable surety” that would guarantee the bail.
Responding to the application and the counsel argument, NDLEA’s lawyer, Joseph Sunday, told the court that the commission has already obtained an order of court to detain the applicant for 14 days for further investigation.
He also informed the court that the NDLEA has an “excellent medical facility” to take care of the applicant.
