Abba Kyari, suspended deputy commissioner of police (DCP),
says he hid like a rat during the recent attack on the correctional facility in
Kuje, federal capital territory (FCT).
On July 5, 2022, gunmen attacked the Kuje correctional
facility and freed over 500 inmates, including suspected members of Boko Haram.
Although there were rumours that Kyari and other “high
profile” inmates escaped, Abubakar Umar, spokesperson of the Nigerian
Correctional Service (NCoS), denied the claim.
Moving another bail application at the court session on
Wednesday, Kyari, through his lawyer, Onyechi Ikpeazu, told the court that he
had the opportunity to escape but declined to do so.
He said the invasion of the correctional facility has
established “a special and exceptional circumstance” that should warrant the
court to release him and his co-defendant on bail, pending the determination of
the drug trafficking charge.
“My lord, every living soul in this country will agree that
there was not just a breach, but that there was a grand terrorist attack by an
organisation that not only successfully invaded the Kuje prison, but took
control of it for over three hours,” Ikpeazu said.
“However, the applicant, being a law-abiding citizen,
refused to take off.
“If there is anything
to establish that the defendants will not jump bail, it was that circumstance.
The gates of the prison were left open for over three hours.
“In fact, the defendant hid like a rat, because the
organisation that conducted the attack went from cell to cell, saying they want
to take him and the others to the desert.
“I don’t know where else in the world, where certified crime
fighters that have endangered their lives and abandoned their families to serve
the country, are kept in the same cubicle with same criminals they made their
arrest possible, with some of them facing death penalty.
“These people have suffered. They are traumatised by the
events of that night. You can imagine what it felt like, witnessing the
attackers planting explosives everywhere in the prison.”
The lawyer also said the defendants anticipated that the
prison facility could be attacked, which was why they applied for bail
previously but were denied.
He submitted that the defendants cannot interfere with the
witnesses the prosecution intends to call.
“They cannot even have access to the two convicts that are
presently under the protection of the powerful prison service,” he said
“Moreover, there is a constitutional presumption of
innocence in favour of the defendants.”
Making his submission, Gboyega Oyewole, counsel to the
second defendant, accused the National Drug Law Enforcement Agency (NDLEA) of
lying in their affidavit that no death was recorded, adding that a security
operative was killed during the attack.
But Sunday Joseph, counsel to the NDLEA, opposed the bail
application.
He said there is no proof that Kyari is being held with
criminals, adding that no prisoner should receive special treatment in
accordance with the law.
He also said there was nothing shown to the court that would
cause it to alter its prior decision to deny the defendants bail.
“We, therefore, urge
your lordship to refuse the application,” he said.
Meanwhile, Emeka Nwite, the trial judge, adjourned ruling on
the defendants’ fresh applications for bail till August 30.
Kyari was, on March 7, arraigned alongside Sunday Ubia, Bawa
James, Simon Agirigba and John Nuhu, who are members of the police intelligence
response team (IRT), over allegations of drug trafficking.
Others are Chibunna Patrick Umeibe and Emeka Alphonsus
Ezenwanne, who were arrested at the Akanu Ibiam international airport, Enugu.
Umeibe and Ezenwanne, who pleaded guilty upon arraignment,
entered a plea bargain with the NDLEA and have been sentenced to two years
imprisonment.
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