Justice James Omotosho of the Federal High Court in Abuja has granted bail to super cop, Abba Kyari insisting that National Drug and Law Enforcement Agency( NDLEA) can no longer prove that he is a flight risk.
In granting his application, the judge held that there was no evidence that he was a flight risk and that he would not attend his trial.
The Justice pointed out that the NDLEA did not deny Kyari’s claim that he was in Kuje prison during the last prison break, but did not escape even when he had the opportunity.
“On the possibility of the 1st defendant 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 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.
More so, he held that the offences with which Kyari and his co-defendants were charged are bailable.
“He has not committed a capital offence nor has it been proved that he is a flight risk. I, therefore, exercise my discretion in favour of the defendant/applicant.”
The court adjourned further hearing in the case to October 18.
Punchng
