The suspended Deputy Commissioner of Police (DCP), Abba Kyari, will not be released from Kuje prison despite being granted bail in the sum of N50 million by a Federal High Court.
The embattled Kyari was granted bail on Thursday after about 18 months in prison custody.
According to the Judge, Kyari and his team refused to escape when they had the chance to do so during the Kuje Prison attack on July 5, 2022. He ruled that Kyari’s refusal to escape when about 90 per cent of the inmates escaped, “has proven that Kyari is ready to face any allegations against him.”
He said: “On the possibility of the 1st defendant (Kyari) attending his trial, it is pertinent to state that, according to the affidavits in support of the application, the applicant stated that he was in detention at the Kuje prisons when the jailbreak of 5th July 2022 occurred and he stayed put, even though he had the opportunity of escaping.
“This deposition was not challenged by the complainant/respondent (NDLEA) which means it is admitted. This shows that the applicant is unwilling to run away from his trial and has shown a willingness to attend court when required.
“This piece of fact will work in favour of the applicant, in that, it is proof to the court that the applicant would not jump bail if granted the same. I note that there have been rulings denying the 1st defendant/applicant bail.
“I am, however, minded to grant him bail as he was been in detention for a long time and also based on his constitutional right to bail according to section 36(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“He has not committed a capital offence neither has it been proved that he is a flight risk. I, therefore, therefore exercise my discretion in favour of the defendant/applicant.”
The judge added that all the “allegations are all bailable” and he is not “a flight risk”.
Justice Omotosho granted conditional bail to Abba Kyari at the sum of N50m with two sureties in like sum. He added that the sureties must have property worth N250m within the jurisdiction of the court, among other conditions.
He ordered Kyari and the sureties to deposit their international passport, their statement of accounts, the title deed of the sureties’ property and recent passport photographs with the registrar of the court.
It was gathered that the suspended DCP’s release would depend on developments in another case in which he was charged with four others on drug-related offences.
The judge revealed that Abba Kyari would only be granted bail if the other pending criminal cases are concluded or if he is granted bail in those cases.