An Abuja division of the Federal High Court has refused to grant the bail application of Abba Kyari, the suspended Deputy Commissioner of Police (DCP).
On February 22, another court of coordinate jurisdiction granted an ex-parte application seeking to further detain Kyari for 14 days following an application by NDLEA.
In this suit, Mr Kyari is seeking the enforcement of his fundamental human right and a N500 million in damage against NDLEA. On February 21, he approached the court seeking bail on the grounds of ill health.
What happened in court
The presiding judge, Justice Inyang Ekwo directed Mr Kyari’s lawyer, Cynthia Ikenna to argue on reasonable grounds why her client should be granted bail.
In response, Ms Ikenna told the court that Mr Kyari had diabetes and is hypertensive and needs urgent medical attention.
She said his sugar level has to be ascertained every morning and that would determine the kind of drugs to be administered to him.
Arguing further, she said her client is entitled to bail as the offences listed by the NDLEA against him are not capital offences pursuant to Section 35 of the 1999 Constitution.
“My lord, the ill health of the applicant is enough consideration for him to be admitted on bail. Section 35 of the Constitution states that the applicant has a right to bail on any offence other than capital offence.
“The alleged offences are not capital offences and so the applicant has the right to be granted bail,” Ms Ikenna said.
The prosecution counsel, NDLEA’s Director, Prosecution and Legal Services, Mr. Joseph Sunday, objected to the application for bail.
He cited 5 exhibits which are; A police investigation report on Kyari, NDLEA ex- parte motion seeking to detain the applicant, an affidavit of urgency, an order of another judge granting the respondent 14 days to further detain the applicant, and a fresh charge against the applicant before the court.
Mr Sunday said the NDLEA has an excellent medical facility to take care of Mr Kyari’s illness. He said Kyari is likely to jump bail and interfere with investigations if set free.
In his ruling, Justice Ekwo noted that the order to further detain Mr Kyari for 14 days pending investigation was obtained from a court of coordinate jurisdiction.
The judge who said the application for bail has been overtaken by events, also said he would not make an order contrary to that of a court of coordinate jurisdiction.
“The only order I can make in addition to what I have said is that the respondent shall allow the applicant to his prescribed and verified medication while in custody,” Justice Ekwo said.
He then adjourned the matter to March 15 to hear Kyari’s fundamental rights suit.
