The National Drug Law Enforcement Agency, NDLEA, on Monday, urged the Federal High Court sitting in Abuja to deny the suspended Deputy Commissioner of Police, DCP, Abba Kyari, bail.
The agency, in a 21-paragraph counter-affidavit it lodged before the court, insisted that Kyari posed a flight risk.
It told the court that Kyari, who hitherto headed the Police Intelligence Response Team, IRT, would excape from the country and make himself unavailable for trial, should he be released from custody.
While adopting the counter-affidavit before trial Justice Emeka Nwite on Monday, the NDLEA, through its Director, Prosecution & Legal Services, Mr. Joseph Sunday, equally maintained that the former IRT boss has the capacity to interfere with its witnesses.
The Prosecution counsel told the court that bundles of exhibits marked NDLEA 1 to 5, where attached to the counter-affidavit.
However, Kyari, in his bail application that was moved by Mr. Mahmud Magaji, SAN, prayed the court to grant him bail on liberal conditions.
Arguing that the charge against him contained bailable offences, the embattled DCP, urged the court to invoke the powers donated to it by the 1999 Constitution, as amended, to exercise discretion in his favour.
The bail application was anchored on Sections 35 and 36 of the 1999 Constitution, as amended, as well as Section 164 and 165 of the Administration of Criminal Justice Act, ACJA, 2015.
The Defendant, who earlier beefed up his legal team with four SANs led by a former Attorney-General of the Federation, Kanu Agabi, SAN, argued that the Constitution provided that he must be accorded every facility to adequately prepare for his defence.
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