A Federal High Court sitting in Abuja, on Monday, the 28th of February, 2022 flung out the bail application made by the suspended Deputy Commissioner of Police (now demoted to the rank of Assistant Commissioner of Police), ACP Abba Kyari, the controversial super cop of Nigeria through his lawyer.
His Lordship, Justice Inyang Ekwo, the presiding judge in his ruling on the bail application, said the application have been “overtaken by other events” following an order made by another court, granting the National Drug Law Enforcement Agency’s (NDLEA) prayers to further detain ACP Abba Kyari for another fourteen (14) days to enable the agency continue and conclude their ongoing investigation on the drug related case that the senior police officer was accused of.
Justice Ekwo held that the sister court which gave the order in favour of the NDLEA on 22nd of February is a court of coordinate jurisdiction and a court cannot overrule, overturn or upturn an order granted or ruling given by another court of coordinate or concurrent jurisdiction. It is only on appeal that a higher court can overrule or overturn an order granted or a ruling given by a lower court on a matter.
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Recall that the controversial famous super cop was declared wanted by the National Drug Law Enforcement Agency (NDLEA) two weeks ago for his alleged involvement in drug trafficking and drug distribution in Nigeria and attempting to bribe an NDLEA investigator in order to quench the ongoing investigation on him. He was later that day arrested by the police and handed over to the NDLEA for full investigation.
He has since been in the NDLEA detention facility and he applied to be granted bail through his lawyer on medical grounds; he claimed to be hypertensive and diabetic and needed an urgent medical treatment outside the walls of the detention facility before his health condition got worse.
The bail application was heard today and my Lord refused to grant him bail; by this implication, he will continue to be in NDLEA detention for another 14 days and cooperate with the ongoing NDLEA investigation on him.
