Kyari was on Thursday granted bail by Justice James Omotosho in a charge in which he and two of his siblings – Baba Kyari and Ali Kyari are accused of failing to declare assets to the National Drug Law Enforcement Agency.

Ruling in an application filed by the defendant, Justice James Omotosho granted conditional bail to Kyari at the sum of N50m with two sureties in like sum.

Justice Omotosho added that the sureties must have property worth N25m within the jurisdiction.

Other conditions include that Kyari and his sureties are to deposit their international passport, their statement of accounts, the title deed of the sureties’ property and recent passport photographs with the court registrar.

Besides, the judge further subjected the endorsement of his release warrant to the developments in another case pending before Justice Emeka Nwite wherein he is being tried with four others on drug-related offences.

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.

Justice Emeka Nwite dismissed the application on the ground that the court of law has the exclusive right and power to hear drug-related cases as stipulated in the Constitution of the Federal Republic of Nigeria and the National Drug Law Enforcement Agency Act.

Justice Nwite ruled that Section 251 of the constitution confers the court the powers to hear and determine the charge.

Earlier, Kyari mentioned to the court that the charges against him were impulsive.

Kyari, the former head of the Intelligence Response Team of the Nigeria Police Force with four members of the IRT before a Federal High Court in Abuja with conspiracy to deal in 17.55kg of cocaine.

The other members of the IRT are: ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu.

They were also charged with dealing in cocaine without lawful authority; conspiracy to tamper with cocaine and unlawfully tampering with the 21.35kg of cocaine seized from two convicted drug dealers.

In the motion filed by his counsel, Ikpeazu Ikpeazu, he argued that the alleged offense his client is being tried for was committed during a police investigation and the Police Service Commission (PSC) has the authority to discipline the offenders.

He said the five-count charge is similar or related to allegations previously made by the applicants’ Police Service Commission in respect of disciplinary action against police officers and it was for the same subject matter and for the same period.

“This charge against the applicants’ affected the completion of this constitutional procedure.

The application adds that the internal disciplinary action of the Police Service Commission provided by the Constitution against Abba Kyari and other applicants is a condition precedent before they can be charged by any other security agent/agency.

The disciplinary action by the Police Service Commission commenced earnestly and timely. The applicants had previously answered a query issued to them by the police authority before the charge herein was filed against the applicants.

I know as a fact that the Police Service Commission has through the office of the IGP commenced the disciplinary procedure against the applicants and other defendants prior to the institution of this charge.

Without subjecting the applicants to the police disciplinary procedures that are constitutionally set down, the applicants are charged before the federal high court with counts 1, 2, 3, 4, and 8 under the NDLEA act and alleged to have committed the offenses in the course of the performance of their duties as police officers.

Failure of the complainant herein to await the disciplinary action against the applicants renders the charge incompetent and deprives this court of jurisdiction to entertain this charge.”the court notice read in part

It added that Abba Kyari and others have not waived their rights under the police disciplinary control which has begun before the instant charge was filed.

Kyari was said to have failed to disclose his ownership of the properties in different locations in the Federal Capital Territory, Abuja and Maiduguri, Borno State.

Over N207m and Є17,598 were also discovered in his various accounts in GTB, UBA and Sterling Bank.

In the fresh 24-count charges filed against Kyari by the Director of Prosecution and Legal Services, J. Sunday, dated August 30, 2022, the Attorney-General of the Federation stated that the suspended DCP allegedly disguised his ownership of some of the properties.

The case filed at the Federal High Court, Abuja, with charge number: FHC/ABJ/CR/408/22 had as co-defendants, Mohammed Kyari and Ali Kyari, who are believed to be the beleaguered policeman’s siblings.

Also, the Federal Government filed separate 24-count charges against Kyari’s former deputy, Sunday Ubua, an Assistant Commissioner of Police, who is under suspension.

An affidavit in support of the charge deposed to by a litigation officer with the Directorate of Prosecution and Legal Services, National Drug Law Enforcement Agency, Stephen Kashawa, explained that Kyari, who is facing trial for dealing in cocaine, was subjected to general and financial investigation when he was transferred by the police to the NDLEA headquarters on February 14, 2022 for investigation.

He added that the financial investigation which extended to his properties led to the filing of charges for non-disclosure and conversion of large sums of money.

The deponent further said the case was ready for trial and that all the witnesses were available to proceed to trial.

The Federal Government said Kyari knowingly failed to make full disclosure of his asset at plot no 1927 Blue Fountain Estate, Karsana, Abuja and thereby committed an offence contrary to and punishable under section 35(3)(a) of the National Drug Law Enforcement Agency Act, CAP N30, Laws of the Federation of Nigeria, 2004.

The prosecutor also alleged that the embattled DCP did not declare his ownership of an estate at Linda Chaulker Road, Asokoro Extension; plot no. 5 titled BO/4546; plot no. 9 titled BO/1037; plot no. 10 titled CER/4319 and plot no 33 titled BO/4319, Maiduguri, Borno State.

Furthermore, the AGF said the suspended DCP, who is facing prosecution for illegal cocaine dealing alongside six others, failed to reveal his ownership of a shopping mall titled, NE/1229 and a polo playground with plot no. 270, both located in Maiduguri.

The charges also said the former IRT commander did not make full disclosure of his ownership of farmland along Abuja-Kaduna road and a plaza under construction in Guzape, Abuja.

Count 11 read, ‘’That you, DCP Abba Kyari, male, adult and you Mohammed Kyari, male, adult, on or about February 14, 2022, in Nigeria within the jurisdiction of this honourable court in order to disguise the true ownership of the property situate at plot no. 33, Bama Road, GRA Extension, Maiduguri, Borno State, covered by certificate no. BO/4319 issued by Borno State Government by deposing to a false affidavit at the Federal High Court in suit no. FHC/NG/Cs/9/2022 and thereby committed an offence contrary to section 18(a) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011, (as amended).’’

In an attempt to disguise the ownership of a plot of land covered by Certificate of Occupancy no: 000271 issued by Maiduguri Metropolitan Council, Borno State, Kyari was alleged to have also deposed to an affidavit at the Federal High Court, Maiduguri in suit number, FHC/NG/CS/9/2022, contrary to section 18(a) of the Money Laundering (Prohibition) Act.

The AGF equally accused Kyari of deposing to an affidavit to hide his ownership of plot no 9, BOTP/63 covered by the grant of right of occupancy no. BO/1087; a shopping mall at number 4, Aliyu Close along Giwa Barracks, Maiduguri, covered by Certificate of Occupancy no. NE/1229.

The charges revealed that the DCP knowingly converted N28.4 million in his GTB account number 0121075250; N65.2m in his GTB account number 0138360064; N95 million in UBA account number 1002250112 and N16.9 million in Sterling Bank account number 0072451994.

The first defendant was similarly accused of failing to declare in the NDLEA assets declaration form the sum of Є17,598 in two GTB accounts, being proceeds of unlawful activities; N2.9 million in UBA; N366, 258.77 and N88.000 in Sterling Bank.

In the charges against Ubua with number FHC/ABJ/407/22, the government revealed that he did not disclose a N100 million life insurance policy with First Bank of Nigeria Insurance Limited, including several millions stashed in different bank accounts.

The defendant was said to have converted N118.6 million using First bank account 3018154763 and $30,516.36 using Polaris Bank account 2630046721.

In his ruling on Monday, Justice Inyang Ekwo struck out the suit filed by Abubakar Malami, the Attorney General of the Federation and Minister of Justice, on the ground that the application is incompetent, lacked merit and was instituted in bad faith.

Justice Ekwo insisted that the current administration has no basis to file the extradition request having commenced trial in a case filed against the embattled Deputy Commissioner of Police by the National Drug Law Enforcement Agency.

The Federal Government filed the extradition charges against Kyari to pave way for his extradition to the US to answer fraud allegations.

Kyari is wanted in the United States over alleged conspiracy to commit wire fraud, money laundering and identity theft.

On April 29, 2021, a grand jury filed an indictment against Kyari with the approval of the US district court for the Central District of California, after which a warrant was issued for his arrest.

In July 2021, the Federal Bureau of Investigation (FBI) indicted Kyari in a $1.1 million fraud involving an Instagram celebrity, Hushpuppi.

A month later, the Inspector-General of Police, Usman Baba, received the report of a panel set up to probe the allegation against the officer.

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.

The agency brought a Commander of Narcotics attached to its forensic unit, Patricia Afolabi, to testify as its first witness.

The witness told the court that part of her job specification involves receiving and conducting forensic analysis on drug exhibits.

She told the court that she had on February 7, 2022, received from the forensic liaison officer of the agency, Abubakar Aliyu, one sealed transparent evidence pack containing 24 dispensing packs each.

She said that each of the packs contained a white substance measured at 0.5grams.

The witness said the package also contained a request form for analysis.

“From the analysis I conducted, which I labelled exhibit A-X, I found out that 21 of the exhibits contained cocaine, while exhibits H to G were found to be negative.

“I then issued an analysis report of my findings, which I signed and sealed. I repacked them as exhibits in a large envelope and addressed them to O.C. NDLEA Abuja,” she said.

The court admitted all the exhibits in evidence without objection from the defendants.

While cross-examining the witness, Kyari’s lawyer, Dr. Onyechi Ikpeazu SAN asked her if it was true that every suspect in a drug deal must be present before analysis is conducted, a question the witness answered in the negative.

The witness replied that it was not customary that all suspects would be present when substances are also handed over for analysis.

Mrs Afolabi, who said she has over 30 years of experience, explained “I was not present when the drug was recovered. I was not present when NDLEA received it”.

She confirmed that NDLEA operatives are stationed at all entry points in Nigeria, including at the Akanu Ibiam International Airport in Enugu.

Asked if she was aware if it was NDLEA that recovered the cocaine at the airport in Enugu, the witness said she was not aware.

“I don’t know who recovered the substance. I did not come in contact with any of them”, she added.

Meanwhile, the court adjourned the matter till Tuesday to enable counsel to the other defendants to cross-examine the witness.

the gunmen attacked the Custodial Centre in the Kuje area council of the Federal Capital Territory, Abuja Tuesday night.

During the attack which lasted hours, some inmates were said to have escaped.

The Kuje prison is famous for holding high-profile inmates and suspects, including former governors and ministers.

Justice Inyang Ekwo, who ruled in the judgement fixed the date after taking arguments for and against the suit by the parties involved.

Kyari whose arguments were presented by a Senior Advocate of Nigeria (SAN), Nureni Jimoh asked the court to refuse the extradition request on the ground that he committed no offence to warrant the Federal Government taking him to the United States of America.

The suspended Police Chief informed the court that more than a year before his arrest, he had written the Attorney General of the Federation (AGF) Abubakar Malami and the Inspector General of Police (IGP), Usman Alkali Baba notifying them that he had opened a channel of communication with a suspected internet fraudster, Ramon Abass.

In the two letters tendered in court, Kyari explained that the purpose was to give confidence to the suspected fraudster and lure him to come to Nigeria where an ambush was already laid for a sting operation by his own strike force.

Besides, he informed the court that American authorities once commended him for the commitment he was exhibiting in the battle against internet fraud.

He further told the court that the wire fraud charge brought against him by the American government is not known as an offence under Extradition Act and therefore, should not be allowed by the court to be used to extradite him.

Counsel to the Federal Government, Pius Akuta urged the court to discountenance the arguments of the defendant.

He said that conditions precedent for extradition have been met by the American government with the filing of the charge against Kyari and a formal application that he be brought to America to establish if he is guilty or innocent in his indictment for internet fraud.

He said to be behind the N3billion Tramadol deal involving the embattled suspended Deputy Commissioner of Police, Abba Kyari-led Intelligence Response Team.

A statement on Monday by NDLEA Media Director, Femi Babafemi said Ukatu arrest followed months of surveillance.

Ukatu was arrested at the MM2 terminal of the Lagos airport in Ikeja after months of surveillance and evading arrest.

NDLEA said he’s been a major importer of large consignments of different brands and high dosages of Tramadol Hydrochloride, ranging from 120mg, 200mg, 225mg and 250mg.