A FEDERAL High Court sitting in Abuja has dismissed a bail application filed by Bawa James, a co-defendant in the drug trafficking case preferred against suspended Deputy Commissioner of Police Abba Kyari and others.
James, an Assistant Superintendent of Police, is being prosecuted by the NDLEA alongside Kyari for allegedly engaging in drug trafficking.
Ruling on James’ bail application on Thursday, Justice Emeka Nwite held that the NDLEA had succeeded in proving its argument beyond doubt that the court should not admit the accused person to bail.
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The judge aligned with the argument of counsel for the NDLEA, Joseph Sunday, that James (3rd defendant) was a flight risk and that he might jump bail.
Nwite said that James had failed to bring up strong evidence to challenge the anti-narcotic agency’s submission that the character of evidence against him was severe.
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He said though the defense argued that the court had the discretionary power to rule in favour of the applicant since the offence was a bailable one, he was mindful to consider the prosecution’s submission.
The defense counsel had argued that James had a good record as staff of the Nigerian police and had conducted himself well in the course of the trial.
But the NDLEA, in its counter-affidavit, said it would be improper and inappropriate for the court to grant him bail considering the nature of the case.
The court had, on March 28, also rejected Kyari’s bail application.
The ICIR had reported that Kyari was in March arraigned alongside six others before an Abuja Federal High Court in Abuja over an eight-count charge bordering on conspiracy, obstruction, dealing in cocaine and other related offences.
Those charged with Kyari by the National Drug Law Enforcement Agency (NDLEA) are Sunday Ubua, Bawa James, Simon Agirigba, John Nuhu, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
A reporter with the ICIR
A Journalist with a niche for quality and a promoter of good governance