Uyai-Abasi Etido
The Federal High Court sitting in Abuja, on Tuesday, disallowed the detained Deputy Commissioner of Police (DCP), Abba Kyari of a fresh bail request.
Justice Emeka Nwite, in a ruling power held that the suspended DCP should be set aside as he failed to establish why its previous decision that ordered his remand at Kuje prison pending the determination of the case against him.
He further stated that Kyari who hitherto headed the Police Intelligence Response Team, IRT, is facing trial alongside four members of his team; ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu.
Justice Nwite dismissed Kyari’s argument that the Kuje jailbreak constituted an exceptional circumstance the court should consider and review its earlier ruling that denied him bail.
Highlighting that the development the defendant relied upon did not fall within the purview of sections 162 and 163 of the Administration of Criminal Justice Act, ACJA, 2015, to warrant the court to vary its subsisting order.
In his words: “The defendants has still not presented sufficient materials before me to warrant the grant of the fresh applications. Consequently, the applications are refused and my former order for accelerated trial is hereby sustained.’’
The court had on March 28, declined to release the defendants on bail, pending the determination of the eight-count charge the National Drug Law Enforcement Agency, NDLEA, preferred against them.
Recall that Kyari was inside the prison facility when the insurgents that were later identified as members of the Islamic State West Africa Province, ISWAP, a breakaway faction of the Boko Haram terrorist sect, invaded it on July 5, told the court that he hid himself like a rat and also declined to run away.