‘I’m Sorry’ – Drama In Court As Judge Interrupts Abba Kyari’s Lawyer, Refuses Bail Application

A mild drama occurred at the Federal High Court sitting in Abuja on Monday, during the hearing on the bail application filed by the suspended deputy commissioner of police (DCP), Abba Kyari against the National Drug Law Enforcement Agency, NDLEA.

THE WHISTLER reported that Kyari and others were arrested and detained on February 14 by the NDLEA on his alleged involvement with a drug cartel.

Recall that another coordinate court in Abuja had on February 22, granted an exparte motion filed by NDLEA, to detain him for 14 days.

During Monday’s proceedings, Kyari’s lawyer,Cynthia Ikenna was asked by Justice Inyang Ekwo to argue the reasonable grounds why her client should be granted bail.

She started off by saying that the suspended DCP is hypertensive and diabetic and would need urgent medical attention.

She also accused the NDLEA of not allowing her and Kyari’s personal doctors to visit him in custody, adding that his sugar level requires him to get good diet.

She urged the court to grant her client bail because the Nigerian constitution allows such for suspects who are not accused of capital offense.

“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 offense other than capital offense.

“The alleged offenses are not capital offenses and so the applicant has right to be granted bail.

“He is hypertensive and diabetes, he cannot be managed.

“He has a reliable surety and he will not jump bail,” she said praying the judge to grant her apply.

But the NDLEA’s Director, Prosecution and Legal Services, Mr. Joseph Sunday, raised objection to the application for bail, citing 5 exhibits, adding that the prayers for bail had been overtaken by events.

Itemizing the exhibits before the judge, he said in open court that there is a police investigation report on Kyari, NDLEA exparte motion seeking to detain the applicant, an affidavit of urgency , an order of “your learned brother granting the respondent 14 days to detain the applicant, and a fresh charge against the applicant before the court.

Furthermore, Sunday said that Kyari will jump bail and interfere with investigations if he is freed from its custody.

He also revealed that the NDLEA was through with Kyari’s alleged drug involvement and has now started probing him for money laundering.

He added that the NDLEA, a federal government agency, had good medical personnel to attend to Kyari and that his lawyer did not dispute that.

“The applicant is a flight risk, he is likely to interfere with witnesses. We have finished our drug investigation, we are now on money laundering
investigation against the applicant,” he said.

The judge then asked Ikenna the source of her medical report on Kyari.

She said it was from Kyari’s personal doctor and not from a hospital.

She was about explaining the profile of the doctor when the judge told her to “hold on”.

Instead, she went on talking, to the surprise of the audience in court.

In a loud voice, the judge interrupted her by saying “ruling!”

Realizing her error, she began apologizing to the judge.

“I’m so sorry Sir. I’m sorry Sir,” she begged.

Unperturbed, the judge gave his ruling, refusing to hear what else she had to say.

Ekwo said that having noted that another court granted the NDLEA their prayer to keep the applicant in custody and the court is one of a coordinate jurisdiction, Kyari will remain with the NDLEA “pending the expiration of that 14 days order”.

However, he ordered that the NDLEA shall allow Kyari’s personal doctor to visit and treat him in custody.

“The order for bail is refused.

“This court will wait until the expiration of that court order.

“I therefore make an order for the fundamental right application of the applicant to be heard on March 15,” he ruled.

Kyari’s fundamental right suit is seeking “An order of this court directing the respondent to pay the sum of N500,000,000.00 (Five Hundred Million Naira) to the applicant, for unlawful violation of the applicant’s constitutional right provided for in Sections 35 and 36 of the Constitution of the Federal Republic of Nigeria (As Amended).