A federal high court in Abuja has declined to hear an application brought by the embattled former commander of the Police Intellegence Response Team (IRT) Abba Kyari, seeking bail from custody of the National Drug Law Enforcement Agency (NDLEA) on the grounds of ill health.
In his suit marked FHC/ABJ/CS/182/22, Kyari is praying the Federal High Court in Abuja to compel the NDLEA to grant him bail on health grounds, pending the hearing and determination of his fundamental right enforcement application.
Also, in an ex parte application brought before the court on Monday, Kyari through his counsel, Cynthia Ikenna, told the court that his health has deteriorated and the lawyer asked the court to release her client who is diabetic and hypertensive on bail, pending the determination of the substantive suit.
She said the substantive matter is a fundamental human right suit in which Kyari is challenging the allegations against him.
However, Inyang Ekwo, the judge, ordered the applicant to put the respondents on notice.
“Upon studying the process of the applicant and the averments in support of the application, I am of the opinion that the respondents be put on notice so they can answer to the averments. Therefore, applicant is hereby ordered to put the respondents on notice of all the processes in this matter,” he held.
He adjourned the matter till Thursday for hearing of the application.
Kyari, a Deputy Commissioner of Police (DCP) was suspended last year over allegation that he was involved with an international interner fraudster, Ramon Abbas, aka, Hushpuppi and five others.
The United States Federal Bureau of Investigation (FBI) had indicted Kyari in a $1 million scam allegedly perpetrated by Hushpuppi and five others.
However, while he was on suspension from duty, he was alleged to have got himself involved in drug related offence and has since been arrested and taken to custody by the anti-narcotic agency.
The NDLEA said Kyari, the suspended IRT head, belonged to a drug cartel that operates the Brazil-Ethiopia-Nigeria illicit drug pipeline.
The IGP in a statement had corroborated the NDLEA’s findings, saying incontrovertible evidence indicted Kyari in the drug crimes.
The United States Attorney’s Office at the Central District of California had declared Kyari wanted but the Nigerian government has yet to extradite him to face prosecution in the US before the cop’s NDLEA ordeal.