The Federal High Court, Abuja, on Monday, refused to grant the bail application of suspended Deputy Commissioner of Police (DCP) Abba Kyari, who is being investigated over his alleged involvement in a 25 kilogrammes cocaine deal.
The judge, Inyang Ekwo, had earlier on February 21, rejected Mr Kyari’s ex parte application, which was anchored on health grounds.
Mr Ekwo had, in his ruling, directed Mr Kyari’s legal team to serve the application on the National Drug Law Enforcement Agency (NDLEA).
In another ruling, on Monday, Mr Ekwo ruled that the bail application had been overtaken by events in view of an order of a sister court, granting NDLEA permission to detain Mr Kyari for another 14 days, to enable it to conclude its investigation.
Mr Ekwo held that the earlier detention order was made by a court of coordinate jurisdiction, saying, “This court is not likely going to make an order contrary to the order that had been made.”
The judge, however, said he would hear Mr Kyari’s fundamental enforcement rights suit with the urgency it deserves after the expiration of the 14-day court order.
“The application for bail is refused,” the judge declared.
Addressing Mr Kyari’s concerns over ill-health, the judge held “the respondent (NDLEA) shall allow the applicant (Mr Kyari) access to his prescribed and verified medication while in custody in accordance with the order of this court made on February 22.”
Subsequently, the court adjourned Mr Kyari’s suit for the enforcement of his fundamental rights until March 15.
Backstory
A judge of the Federal High CourtZainab Abubakar of Federal High Court in Abuja had granted the agency’s application to have Mr Kyari and others suspects linked to the alleged drug trafficking detained for 14 more days, to complete its investigation.
Mr Kyari, through his lawyer, had, on February 21, approached the court with an ex-parte motion for bail and the main suit for the enforcement of his fundamental human rights, which he alleged had been breached by an unlawful arrest and detention.
Mr Kyari, in the main suit, urged the court to make an order directing the NDLEA to pay him N500 million, for infringing on his rights.
He also asked the court to direct the agency to tender a public apology in national dailies.
Mr Ekwo fixed today for hearing the bail application and directed Mr Kyari’s lawyer to put NDLEA on notice and serve the agency with the hearing notice.
The anti-narcotics agency had, on February 14, confirmed that the embattled Mr Kyari was in its custody after it declared the cop wanted for allegedly aiding and abetting drug pushing and running his own drug cartel.
The declaration by the NDLEA came a few months after the former police intelligence unit commander was indicted in an Internet fraud case by a U.S. court.
As a result of the declaration, the Nigerian police announced that Mr Kyari was arrested alongside four other members of the police intelligence response team and handed over to the NDLEA.
