Justice Emeka Nwite of a Federal High Court in Abuja on Wednesday adjourned till August 30 to deliver ruling on the bail applications filed by the suspended Deputy Commissioner of Police, Abba Kyari, and his co-defendants.
The accused persons were being prosecuted by the Federal Government over alleged illicit drug deals.
The judge fixed the date after parties in the matter made submissions for and against the bail of the former Head of the Intelligence Response Team of the Nigeria Police Force and four others arraigned with him.
Making his submissions, Dr. Onyeachi Ikpeazu (SAN), who represented Abba Kyari, 4th and 5th defendants in the eight-count charge, prayed the court to consider the recent terrorist attacks on the Kuje Custodian Center and grant his clients bail.
According to him, the terrorists did not only enter the prison but also took over the prison for over three hours and the applicants, who are law-abiding did not run away, even though they have the opportunity to do so.
While stating that the defendants/applicants would not jump bail if granted, Ikpeazu said they would also not interfere with investigations as the prosecution had told the court that investigations in the matter have been completed.
The counsel who cited several authorities to show that the court has the jurisdiction to entertain the bail applications despite the earlier pronouncement of the court, also submitted that his clients were kept in custody along with criminals they have arrested and convicted for about six months now.
Lawyer to the second defendant, Gboyega Oyewole (SAN), urged the court to grant his client bail in view of the health condition of his wife, whom he said, has been battling cancer for some time now and it is the 2nd defendant that has been catering for her.
He said, from the proof of evidence, the second defendant has absolutely nothing against him, adding that, while all the things were going on, he was with his sick wife in the hospital and that the prosecution failed woefully in convincing the court against the exercise of its discretion in granting bail to the second defendant.
In vehement opposition, Counsel to the Federal Government and the Director of Prosecution and Legal Services of the National Drug Law Enforcement Agency, Sunday Joseph, told the court to refuse the bail applications for Kyari and his co-defendants.
According to the prosecution in its counter affidavit, DCP Abba Kyari and his co-defendants are flight risks as they would tamper with the money laundering investigations and the witnesses lined up for the trial.
He said the court had earlier made a pronouncement on the bail of the defendants and that there is nothing placed before the court to warrant a reconsideration of the earlier pronouncement of the court.
Meanwhile, the Court has adjourned till August 30, 2022, to rule on the bail applications.