Hearing in the bail application of detained Deputy Commissioner of Police (DCP), Abba Kyari, before a Federal High Court, Abuja, has suffered a setback following the denial of service of the bail application by the federal government.
Kyari has been in custody of the National Drug Law Enforcement Agency (NDLEA) since his arrest last week by the police and subsequent transfer to the NDLEA for investigation “over his involvement in a 25kg cocaine deal”.
However, days after his arrest and detention at the NDLEA, Kyari filed a fundamental human rights suit against the federal government, describing the drug trafficking allegations against him as a trumped-up charge as well as breach of his rights.
Amongst others, he prayed the court to order for his immediate release or in the alternative admit him to bail in liberal conditions.
However, in a short ruling, Justice Inyang Ekwo declined to grant the exparte application and rather ordered that the applicant put the respondents on notice and adjourned till February 24, 2022, for hearing.
According to Justice Ekwo, the averments made by the applicant is such that would warrant the respondents to appear in court and answer to the allegations.
When the matter came up Thursday, the court could still not hear the bail application because the counsel to the federal government, Mike Kassa, acknowledged service of court processes, but added that the application for bail was not included.
He told the court that he has already served his counter affidavits on the applicant.
Responding, Kyari’s lawyer, Cynthia Ikena, insisted that the bail application was served on the federal government, adding that the proof of service is in the court record.
Presiding Justice Ekwo then directed the applicant to serve the respondent a copy of the motion in court and stood down the matter for an hour.
At the resumed hearing, one Joseph Sunday, who announced appearance for the federal government, requested for time to enable him respond to the bail application.
Consequently, the judge adjourned the matter to February 28 and directed the federal government to put its house in order.
Meanwhile, the NDLEA, on Monday, obtained an order to further detain Kyari and six others for another 14 days to enable it conclude its investigation of the alleged drug trafficking offence.
