Abba Kyari: NDLEA Ordered  To Respond To Kyari’s Bail Request Within 14 Days

By Gideon Njoku

In what would seem like “a clash”, a Federal High Court in Abuja has given the National Drug Law Enforcement Agency, NDLEA, 48 hours, to respond to the request of suspended and embattled suspended Deputy Commissioner of Police, DCP Abba Kyari, for bail from its custody.

The Honourable Justice Inyang Ekwo gave the order on Thursday while hearing Kyari’s request for bail. But the Counsel to the NDLEA, Mike Kasa, said he was not yet in receipt of Kyari’s application for bail.

However, a few days ago, another Judge, also, of the Federal High Court, Abuja, the Honorable Justice Zainab Abubakar, had given the NDLEA an order to detain Abba Kyari for 14 days, in the first instance, pending the end of Investigations into his case.

Kyari was declared wanted by the NDLEA over an alleged involvement with a Drug cartel, as well as attempting to bribe an NDLEA operative to the tune of $61,000, would-be  proceeds from  five kilograms of cocaine he wanted to sell on their behalf, out of 25 kilograms recovered from two Drug Couriers at the Enugu International Airport when they arrived aboard an Ethiopian Airline Aircraft.

Arrested by the Police, and handed over to the NDLEA, he has been in the Agency’s custody, alongside four other Police officers, since that February 12, 2022.

In a suit filed against the FG and the NDLEA, Kyari is asking for compensation to the tune of N500m for the humiliation and disgrace and torture he claims to have gone through in the hands of the NDLEA. He is, also, asking for a public apology which should be published in two National  Newspapers.

He claims innocence of the NDLEA drug allegations, and says he was framed by the NDLEA operative.

In the suit, his Counsel is also asking for:

 “A declaration that  the arrest and continued detention of the Applicant by the Agent of the Respondent without bringing him before a court of competent jurisdiction from 12th of February 2022 till date, is Illegal, unlawful and a gross violation of Applicant’s fundamental right to personal liberty and freedom of movement guaranteed by Section 35(1) of the I999 Constitution of Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on human and Peoples Rights (Ratification and Enforcement) Act.

“A declaration that announcing the Applicant in the Press without giving him right to fair hearing nor establishing a prima-facie case against him is illegal, unlawful and an infringement on his fundamental right.

“A declaration that declaring the Applicant syndicate of the suspect without establishing a prima-facie case against the Applicant is unlawful and an infringement on his fundamental right”.

“A declaration that torture, degrading and in human treatment given to the Applicant by the Agent of the Respondent is illegal, unlawful and an infringement on the Applicant’s fundamental human right.

“A declaration that refusal to grant administrative bail to Applicant on alleged bailable offence is unlawful and infringement on the Apphcant’s fundamental human right.

“An order of this Honourable Court restraining the Respondent’s agents, servants proxies, police or anyone acting on their behalf from further harassing, detaining, intimidating, arresting the Applicant unlawfully”.

The main reason he is asking for bail, Kyari’s Counsel told the Court is that he is “suffering from diabetes, high blood pressure and severe heart disease that may cause death”.

“That the Applicant was receiving medical treatment on daily basis due to seriousness of the illness.

“That since 12th of February, 2022, the Applicant has not accessed any medical treatment, which is very dangerous to his health.

“That 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. Medical report from National Hospital is hereby attached and marked as Exhibit A.

“That due to the Applicant being a diabetic patient and on medical diet, he does not eat outside his home and this is causing a very big hardship on the Applicant that is in NDLEA custody.

“That the health of the Applicant cannot be managed while in NDLEA custody due to the seriousness of his illness. That it is in the interest of justice that this Applicant be admitted to bail on health ground.

“That the Applicant will not jump bail if bail is granted him. That he had a reliable surety who is in court”, read an affidavit he attached in support of the ex-parte application he filed for bail.”

Justice Ekwo did not grant the exparte motion application, but instead, told Kyari to put the Respondents on notice and adjourned till Thursday, February 24.

On Thursday, he gave  the NDLEA 48 hours to respond to Kyari’s application for bail.

Kyari, an otherwise respected Police Officer, was suspended by the Police Service Commission, after he was indicted by America’s Federal Bureau of Investigation, FBI, over his alleged involvement in Internet fraud with International Internet Fraudster, Hushpuppi in a case of about $1.1m.

Hushpuppi is already in jail in the US, found guilty, and awaiting sentencing.

Until Kyari’s suspension, he was the Commander of the IGP’s Intelligence Response Team, IRT.