A federal high court in Abuja has refused to grant bail to Abba Kyari, suspended deputy commissioner of police (DCP).
Inyang Ekwo, the judge, held in a ruling on Monday, that the application has been overtaken by events.
On February 14, the N ationa Drug Law Enforcement Aagency(NDLEA) declared Kyari wanted “over his involvement in a 25kg cocaine deal”. Hours later, the police announced his arrest and subsequent transfer to the custody of the NDLEA.
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Kyari filed a fundamental human rights suit against the federal government, describing the drug trafficking allegations against him as trumped-up.
On February, he approached Abuja federal high court to seek bail on the grounds of ill health.
Arguing the application on Monday, Cynthia Ikenna, Kyari’s counsel, said her client is suffering from diabetes and hypertension and that his condition cannot be managed at the NDLEA facility.
She said Kyari is entitled to bail since the offences listed by the NDLEA against him are not capital offences pursuant to section 35 of the 1999 constitution.
”The applicant is suffering from diabetes and is hypertensive and cannot be managed while in custody because the level of sugar has to be ascertained every morning and that would determine the drug he is going to take,” she said.
”Since he has been in detention, he has no access to medical care. Even on Thursday when I left here, I went to see the applicant with a doctor but I was refused access.”
She prayed the court to grant her client bail, adding that he has “a liable surety” and that “he will not jump bail”.
Responding, Joseph Sunday, NDLEA director of prosecution and legal services, told the court that the commission has obtained an order of court to detain the applicant for 14 days for further investigation.
Sunday said the NDLEA has an “excellent medical facility” to take care of the applicant.
He also added that the applicant is a flight risk and stand the risk of interfering with investigation.
Ruling on the application, Ekwo said the order to detain the applicant for 14 more days was obtained from a court of coordinate jurisdiction.
He said he would not make an order contrary to that of a court of coordinate jurisdiction.
Ekwo said the case for bail has been overtaken by events.
“The only order I can make in addition to what I have said is that the respondent shall allow the applicant to his prescribed and verified medication while in custody,” he said.
He adjourned the matter to March 15 to hear Kyari’s fundamental rights suit.
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