Cocaine deal: Court fixes August 30 to rule on Abba Kyari bail applications

Justice Emeka Nwite of the Federal High Court sitting in Abuja on Wednesday adjourned till August 30 to deliver a ruling on the bail applications filed by the suspended Deputy Commissioner of Police (DCP), Abba Kyari and his co-defendants, who are being prosecuted by the Federal Government over an alleged illicit drug deal.

The Judge fixed the date after parties in the matter made submissions for and against the bail of the former Head of the Intelligence Response Team (IRT) of the Nigeria Police Force and four others arraigned with him.

In his submissions, Dr Onyeachi Ikpeazu (SAN), who represented Abba Kyari and the 4th and 5th defendants in the eight-count charge, prayed the court to consider the recent terrorist attack on the Kuje Custodian Center and grant his clients bail.

He said, the terrorists did not only enter the prison but also took over the prison for over three hours and the applicants, who are law-abiding did not run away, even though they had the opportunity to do so.

While noting that the defendants/applicants will not jump bail if granted, Ikpeazu said, they will also not interfere with investigations as the prosecution had told the court that investigations in the matter have been completed.

The counsel who cited several authorities to show that the court has the jurisdiction to entertain the bail applications despite the earlier pronouncement of the court, further submitted that his clients were kept in custody along with criminals they have arrested and convicted.

Counsel to the second defendant, Gboyega Oyewole (SAN), on his part urged the court to grant his client bail in view of the health condition of his wife, whom he said, has been battling cancer for some time now and is the 2nd defendant that has been catering for her.

He said, from the proof of evidence, the second defendant has absolutely nothing against him, adding that, while all these things were going on, he was with his sick wife in the hospital and that the Prosecution failed woefully in convincing the court against the exercise of its discretion in granting bail to the second defendant.

In vehement opposition, Counsel to the Federal Government and the Director of Prosecution and Legal Services of the National Drug Law Enforcement Agency (NDLEA), Sunday Joseph told the court to refuse the bail applications for Kyari and his co-defendants.

According to the prosecution in its counter affidavit, DCP Abba Kyari and his co-defendants are a flight risk and that would tamper with the money laundering investigations and the witnesses lined up for the trial.

He said the court had earlier made a pronouncement on the bail of the defendants and that there is nothing placed before the court to warrant a reconsideration of the earlier pronouncement of the court.

Meanwhile, the Court has adjourned till August 30, 2022, to rule on the bail applications.

Earlier, NDLEA tendered more evidence to prove the eight-count charge bordering on illicit drug deal preferred against Abba Kyari and four others

The prosecution counsel tendered the documentary evidence through the third witness called by the agency since the trial of commenced on Monday.

Among the fresh evidence tendered through PW3, Chief Superintendent of Narcotics, Peter Joshua, who is an exhibit Officer attached with the FCT command of the Agency and admitted by the court as exhibits are the sum of 61, 400 dollars, a certificate of test analysis, packing of substance forms and two big travelling bags containing the cocaine.

Also admitted as exhibits are the international passports of two co-defendants of the DCP Abba Kyari, who have been convicted and sentenced by the court earlier.

They are Chibuna Patrick Nweze and Emeka Alphonsus Ezenwane, who were the 6th and 7th defendants in the charge sheet.