Suspended IRT Boss, ACP Abba Kyari
Court Refuses Abba Kyari’s Bail Request
An Abuja Federal High Court, today, turned down the request by suspended Deputy Commissioner of Police Abba Kyari for bail.
Justice Inyang Ekwo, in a ruling, ordered Kyari to put the respondent; the Federal Republic of Nigeria, on notice filed.
Justice Ekwo’s ruling was on an ex-parte motion argued by Kyari’s lawyer, Cynthia Ikena.
The judge held that the allegations made against the respondent are weighty, requiring that the court grant is an opportunity to be heard before a decision it took.
He then adjourned till February 24.
Kyari had, in the ex-parte motion, prayed to be granted bail pending the determination of the substantive suit. He also prayed that processes in the case be served on the Legal Department of the National Drug Law Enforcement Agency (NDLEA).
In a supporting affidavit, Muhamad Nur Usman, who claimed to be Kyari’s younger brother, said he (Kyari) was framed up and that his involvement in the drug case was only assisting a friend.
Usman accused some unnamed NDLEA officials of providing cover for a particular drug dealer.
He also claimed that Kyari suffers from some health challenges that require urgent medical attention.
Usman stated: “A suspect has been shipping in drugs (Cocaine) to Nigeria from Ethiopia using all the Airports in Nigeria with the knowledge of the NDLEA officers.
“Usually, NDLEA officer cleared him and even escort him from the Airport to his destination.
“On that fateful day, the suspect as usual shipped drugs (cocaine) from Ethiopia to Enugu Airport, the officer of NDLEA cleared within the airport and escorted him out of the airport, then an officer of FIB-IRT arrested the suspect with the help of information.
“Before the informant accepted to work with the officers of FIB-IRT, they both had an agreement to compensate the informant.
“Officers of FIB-IRT having noticed that officers of NDLEA were clearing the said suspect with his drugs (cocaine), immediately took the suspect to NDLEA and also reported those officers involved in the act.
“Instead of the NDLEA to handle the matter accordingly and bring officers involved to book, they decided to frustrate the informant thereby refusing to compensate the informant.
“It was at this juncture that the attention of the DCP Abba Kyari was called, whom because the NDLEA officer involved is his friend decided to intervene for the purpose of compensating the Informant.
“The NDLEA officer, who refused to compensate the informant, was one who framed DCP Abba Kyari up on a trump-up allegation that he was trying to bribe him.
“The agent of the respondent declared the applicant wanted because of a mere allegation that he was trying to bribe an NDLEA officer without sufficient proof.
“The Nigerian Police Force, based on the allegation of the respondent, arrested the applicant on the 12th day of February 2022; and handed over to the National Drug Law Enforcement Agency.
“The applicant is being kept in custody since 12th of February, 2022 till date without bringing him before a court of competent jurisdiction and without access to his medical treatment.
“The arrest and continued detention of the applicant is an infringement on the applicant’s fundamental human right.
“The allegation upon which the applicant is arrested and detained is a trump-up allegation without sufficient proof.
“The applicant is a decent police officer who has distinguished himself in arrears of serving his father’s land as a police officer.
“The applicant has risked his life in so many areas of serving and protecting his fatherland as a police officer.
“The applicant needs to be compensated and not to be dragging about, receiving torture, degrading and inhuman treatment by anybody or agency whatsoever.
“There is no sufficient proof that the applicant has committed any offence to warrant this torture, degrading and inhuman treatment.
“All the efforts made, for the Agency to grant the Applicant administrative bail prove abortive.
“Faced with the above situation and scenario the Applicant has no option than to bring this Applicant pursuant to Section 35 of the 1999 constitution Federal Republic of Nigeria seeking redress from the court against the Respondent.
“The National Drug Law Enforcement Agency has not made out a prima-facie case against the applicant.
“The applicant (Kyari) is suffering from diabetes; high blood pressure and severe heart disease that may cause death.
“The applicant was receiving medical treatment on daily basis due to the seriousness of the illness. Since the 12th of February, 2022 the applicant has not accessed any medical treatment which is very dangerous to his health.
“The failure of the applicant to check his heart, high blood pressure will result in severe health problems or may even lead to heart failure and death”.