Some Nigerians have reacted to the viral video where the formerly celebrated police officer – turned rogue cop, Abba Kyari was being given a heroic welcome after being released to go and bury his mother.
Those who reacted said Kyari does not deserve bail in any way whatsoever, following the weightiness of his crimes.
According to human rights activist Chief Dr Patrick Eholor, “It is very sad that everything goes in Nigeria. A man standing trial for rogue Policing, who has been in jail was released to bury his mother, and it is very shocking to see the people celebrating him like a hero.
“Instead of him to be quiet and not expose the corrupt justice system, he arrives like the late Pablo Escobar, the Colombian drug lord. Why should we have a multiple Justice system, one for the rich and the other for the poor?
“If this is how Nigerian justice system functions, why are we still holding Evans, the kidnapper in jail? Why are we still holding Nnamdi Kanu in jail? We have seen a lot of important people in America convicted. Nobody is allowed to go home and have some quick sex with the wife. None of them is allowed to go and bury the father or the mother.
“What is even wrong with our justice system? Even if he is awaiting trial, I am sure the law does not allow him to go home and be celebrated, after taking the lives of many.
“Let’s assume he was chasing after yahoo boys, even if they were not convicted by the law, he will not only dehumanize them, he will extort them, even kill some of them, he will take over their wives, take over their cars, take over their jewelries, and yet, some judges have the effontery because he is a Fulani and friends with some of the rogues we have in this country, they let him off.
“This is unimaginable. What happens to us that took him to court to seek for extradition, to obtain order of mandamus. What about others who exposed his corruption? How do you think it feels that such a fellow is treated like a VIP after his crimes? You judges, do you ever think of people like us, that you are putting people like us in trouble?”
Also speaking on provisions of the law for someone on trial or in jail to go and bury his mother or relative, a barrister at law, Chima Chukwu, Esq, Principal Partner: Charissa Chambers, Abuja has this to say “there is no law anywhere that allows anybody to go and bury his father or mother or anybody. There is no law anywhere.
“However, the law provides that when a defendant is on trial, the court has the right by its discretion to grant the defendant bail. The reasons why bails are not granted to certain individuals is because of the weightiness of those offences. That is to say, no matter the offence the defendant commits, the court has the right to grant the defendant bail, based on section 36 of the constitution. It provides that the defendant is presumed innocent until the contrary is proven.
“The Nigerian law though, do not grant bail to capital offences like armed robbery, murder, drug, rape, not because they can’t, but because it is belived that those offences are capital. It can lead to the defendant may disappear and this could lead to a weighty punishment, should he be found guilty.
“It may also make the defendant meddle with the investigation against him or to one way or other manouvre the justice system or the prosecution, or in any way, meddle up with something that has to do with the justice of the case.
“So when the case gets to that point, the court most likely, would not grant bail. In this Abba Kyari case, there is no law that actually provides for what the court had done. But the court has a discretion to do that if it is satisfied that granting him bail will not in any way prejudice the trial, if the defendant has satisfied the court he will return to the Correctional facility after the burial, and that he will not in any way distort the trial against him, or interfere or compromise, or jump bail”, the lawyer stated.
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