Court again remands Abba Kyari in NDLEA custody

Justice Emeka Nwite of a Federal High Court in Abuja has again remanded suspended Deputy Commissioner of Police Abba Kyari and six others to the custody of the National Drug Law Enforcement Agency (NDLEA) over alleged drug trafficking offences.

The NDLEA had arraigned Kyari alongside ACP Sunday Ubua, ASP Bawa James, Inspectors Simon Agirigba, John Nuhu, ASP John Umoru, who is said to be at large; Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.

At the first hearing of the case last week, Umeibe and Ezenwanne pleaded guilty to the eight-count charges, while the five officers pleaded not guilty.

At the hearing of his bail application today, Defence lawyers, Kanu Agabi, Magaji Mahmud, James Onoja, Nureini Jimoh, and Ameh Ebute, all senior advocates of Nigeria, had argued that the alleged offences are bailable.

They contended that sections 35 and 36 of the Nigerian Constitution of 1999, as amended, and section 164 and 165 of the Administration of Criminal Justice Act (ACJA, 2015), permits the court to grant bail on liberal on terms in such cases to enable the defendants to prepare adequately for their defence.

However, the opposition counsel, Joseph Sunday, maintained that Kyari should be denied bail and adopted a 21-paragraph counter-affidavit of the agency. He submitted that as an ex-head of the Police Intelligence Response Team (IRT), Kyari would escape from the country and make himself unavailable for trial if he is released, adding that he could influence some prosecution witnesses.

Justice Emeka Nwite had on March 7 fixed the bail hearing for today and March 28 for the application by the NDLEA to review the facts of the case.

The NDLEA counsel, Joseph Sunday Esq had made the submission after the plea of guilty by two of the seven defendants.