The Federal High Court in Abuja has denied bail to suspended Deputy Commissioner of Police (DCP) Abba Kyari, the former head of the Intelligence Response Team (IRT).
Justice Emeka Nwite cited the grave nature of the charges against Kyari and the potential for a lengthy prison sentence as key factors in his decision to keep the former police officer in custody.
Kyari had sought bail pending his trial on allegations of drug trafficking and corruption, but the court ruled that he had failed to provide sufficient grounds to warrant his release.
Justice Nwite noted that under the Administration of Criminal Justice Act (ACJA), bail is typically granted for offenses carrying a maximum sentence of two years, whereas Kyari faces charges that could result in up to 25 years in prison if convicted.
“The decision to grant bail lies within the court’s discretion, in accordance with section 161 (2) of the Administration of the Criminal Justice Act (ACJA),” Justice Nwite stated, adding that Kyari had not presented compelling evidence to justify granting him bail at this stage.
Background
Abba Kyari, a former Deputy Commissioner of Police and the former head of the Nigeria Police Force’s Intelligence Response Team (IRT), faces allegations that have called into question his integrity and the integrity of law enforcement in Nigeria.
Reports suggest Kyari may have engaged in corrupt activities involving the infamous internet fraudster known as Hushpuppi, whose real name is Ramon Abbas.
According to court documents and statements from law enforcement officials, there is evidence indicating Kyari accepted bribes from Hushpuppi to arrest one of Hushpuppi’s associates following a dispute over the proceeds of their alleged fraudulent schemes.
In February 2022, he was arrested by the National Drug Law Enforcement Agency (NDLEA) on charges related to drug trafficking conspiracies and obstructing investigations into his alleged criminal activities involving narcotics smuggling.
Other claims also implicate Kyari in the 2018 kidnapping of a businessman.
Court’s Decision
Justice Emeka Nwite of the Federal High Court in Abuja denied Kyari bail, citing the grave nature of the charges against the suspended police officer and the potential for a severe sentence if convicted.
Justice Nwite ruled that Kyari failed to provide sufficient grounds to warrant his release on bail at this juncture.
The judge noted that while the Administration of Criminal Justice Act (ACJA) generally allows for bail in cases where the maximum sentence is two years or less, Kyari faces charges that carry a potential prison term of up to 25 years.
This extended possible sentence made granting bail inappropriate in the court’s assessment.
“The decision to grant bail lies within the court’s discretion, in accordance with section 161 (2) of the Administration of Criminal Justice Act (ACJA),” Justice Nwite stated in his ruling. “The defendant has not presented compelling reasons that would justify the exercise of that discretion in his favor at this stage.”
Although the court acknowledged granting Kyari a temporary two-week bail in May to attend his mother’s burial rites, which was later extended by another week, Justice Nwite declined to prolong that bail order further.
The court agreed to an accelerated hearing schedule for Kyari’s case.
