The fresh assets declaration case is different from the ongoing drugs trafficking case the NDLEA had earlier filed against Mr Kyari, in which case another judge had denied him bail.
The Federal High Court in Abuja on Thursday granted a conditional bail to Abba Kyari, a suspended police officer, in a fresh criminal case of on alleged failure to declare assets.
Granting the bail, the judge, James Omotosho, attached a condition that tied the detainee's release to either the conclusion of his ongoing separate trial on drug trafficking charges, or the concurrent decision of the other judge handling the case to grant bail to him.
In the latest suit, the National Drug Law Enforcement Agency (NDLEA) accused Mr Kyari and his two siblings, Mohammed Kyari and Ali Kyari, of non-disclosure of assets.
Subsequently, they were arraigned in June on a 24-count charge before James Omotosho of the Federal High Court in Abuja.
Mr Kyari, a deputy commissioner of police and former head, Intelligence Response Team (IRT), was suspended from office in July 2021, over link with popular fraudster, Ramon Abbas, popularly called Hushpuppi.
He was indicted by a U.S. court as a conspirator in a $1.1 million fraudulent deal with Hushpuppi.
The NDLEA is also prosecuting Mr Kyari and four other police officers before another federal judge, Emeke Nwite, in Abuja over cocaine trafficking.
Thursday's ruling
Ruling on a bail request on Thursday, Mr Omotosho granted a conditional bail to Mr Kyari at the sum of N50 million with two sureties in like sum,
The judge had earlier granted bail to Mr Kyari's siblings.
Unlike Mr Nwite, who refused Mr Kyari bail on drug trafficking-related charges, Mr Omotosho said there was no proof that the defendant was a flight risk as canvassed by the NDLEA.
"He has not committed a capital offence neither has it been proved that he is a flight risk. I therefore exercise my discretion in favour of the defendant/applicant."
The judge held that the offences with which Mr Kyari and his co-defendants were charged are bailable.
"On the possibility of the 1st defendant (Mr Kyari) attending his trial, it is pertinent to state that, according to the affidavits in support of the application, the applicant stated that he was in detention at the Kuje prisons when the jail break of 5 July 2022 occurred and he stayed put, even though he had the opportunity of escaping.
"This deposition was not challenged by the complainant/respondent (NDLEA) which means it is admitted. This shows that the applicant is unwilling to run away from his trial and has shown willingness to attend court when required," the judge ruled.
Conditional bail
Reeling out the bail conditions, the judge said Mr Kyari's sureties must have property worth N25 million within the court jurisdiction in Abuja.
The court ordered the sureties to deposit their international passports, their statements of account, the title deed of the sureties' property and recent passport photographs with the Registrar of the Federal High Court.
However, Mr Omotosho clarified that even when Mr Kyari fulfils the bail conditions, his release will not come to effect until the other judge, Mr Nwite, grants him bail or when the drug trafficking case comes to an end.
Mr Omotosho added that Mr Kyari's release warrant would not be signed until either of the two scenarios comes to effect.
The judge adjourned further hearing in the suit until 18 October.
It will be recalled that Mr Nwite in the other case had twice denied Mr Kyari bail.
Charges
Mr Kyari was said to "on or about the 14th day of February, 2022 at the National Drug Law Enforcement Agency Headquarters, Abuja , knowingly failed to make full disclosure of your Asset at Plot No. 1927 Blue Fountain Estate, Karsana, Abuja and thereby committed an offence contrary to and punishable under Section 35(3)(a) of the National Drug Law Enforcement Agency Act, CAP N30, Laws of the Federation of Nigeria, 2004."
In another charge, Mr Kyari was said to have "failed to make full disclosure of your Asset, an Estate at Linda Chaulker Road, Asokoro extension, Abuja, and thereby committed an offence contrary to and punishable under Section 35(3)(a) of the National Drug Law Enforcement Agency Act, CAP N30, Laws of the Federation of Nigeria."
He is also accused of failing "to make full disclosure of your asset, a Plaza under construction adjacent to No. 13 Balin Suleiman Street, behind NNPC Petro! Station, Guzape Abuja."
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The NDLEA further said "on or about the 14th day of February, 2022 in Nigeria, in order to disguise the true Ownership of the property situate at Plot No, 33, Bama Road GRA Extension Maiduguri, Borno State Covered by Certificate No: 80/4319 issued by Borno State Government by deposing to false Affidavit at the Federal High Court Maiduguri in suit Number FHC/NG/CS/9/2022 and thereby Committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) Act, 2011 (As Amended) and punishable under Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011 (as amended)."
"That you, DCP. Abba Kyari Male, Adult, and you Mohammed Baba Kyari, male, adult, on or about the 14th day of February, 2022 in Nigeria in order to disguise the true ownership of the property situate at Plot of land covered by Certificate of Occupancy No: 000271 issued by Maiduguri Metropolitan council Borno State by deposing to false Affidavit at the Federal High Court Maiduguri in suit Number FHC/NG/CS/9/2022 and thereby committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) Act, 2011 (As Amended) and punishable under Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011 (As Amended)."
