The Federal High Court sitting in Abuja has ordered that the suspended Deputy Commissioner of Police (DCP), Abba Kyari, and six others currently facing drug trafficking charges be transferred to the Kuje Correctional Centre
Shortly after refusing their bail applications, the Court directed the National Drug Law Enforcement Agency (NDLEA) to transfer all the defendants to prison custody.
The trial judge, Justice Emeka Nwike ruled that the NDLEA has placed sufficient materials before it to warrant the refusal of bail to Kyari and his co-defendants and former members of the Intelligent Response Team (IRT), ACP Sunday Ubia, Inspector Simon Agirgba, and Inspector John Nuhu.
Other Defendants in the charge marked FHC/ABJ/57/2022, are; ASP Bawa James, as well as two drug traffickers arrested at the Akanu Ibiam International Airport in Enugu, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwane.
However, Justice Nwite, while ordering an accelerated trial of the defendants, fixed April 28, 2022, for the review of facts in respect of the case against Umeibe and Ezenwane.
When arraigned alongside DCP Kyari on March 7, 2022, Umeibe and Ezenwanne, cited as the 6th and 7th Defendants in the charge had pleaded guilty to the drug trafficking charge against them.
But on Monday, March 27, 2022, both the Prosecution and the Defence counsels made submissions to the court on NDLEA’s application for the review of facts in respect of the two defendants, to enable their conviction and sentencing.
In his argument, Kanu Agabi (SAN), lead counsel to DCP Abba Kyari, said it would be prejudicial to his client for the facts of the case to be reviewed and a decision reached on it, while the trial is still subsisting.
Making reference to cases where defendants, out of ignorance, pleaded guilty to a charge against them, the Senior lawyer said; “It is not in the interest of justice for the facts to be reviewed while the trial is still ongoing.”
Furthermore, Agabi said both Umeibe and Ezenwanne were also mentioned in some counts in the charge that involved Kyari and the other accused police officers.
In the charge currently before the court, the NDLEA is accusing DCP Kyari and the other four officers of conspiracy, obstruction and dealing in cocaine worth 17.55 kilograms, alleging that Kyari and his men unlawfully tampered with 21.25kg worth of cocaine seized from the two apprehended drug traffickers, Umeibe and Ezenwanne.
According to the charge sheet, the police officers committed the offence between January 19 and 25, 2022, at the office of Inspector-General of Police (IGP) IRT, Abuja, in connivance with one ASP John Umoru (now at large), contrary to section 14(b) of the NDLEA Act, CAP N30 Laws of the Federation of Nigeria 2004.
It is also alleged that DCP Kyari attempted to bribe a senior officer of the NDLEA with $61, 400.00 at a restaurant in Abuja to prevent the testing of part of the cocaine that was seized from the two arrested drug pushers.
For Umeibe and Ezenwanne, the anti-narcotic agency accused them of conspiring with one IK, currently at large, to import 21.35kg of cocaine into the country without lawful authority and knowingly possessing the same.
The NDLEA said going by the allegations, both defendants committed an offence contrary to and punishable under section 11(d) of the NDLEA Act, CAP N30 Laws of the Federation of Nigeria 2004.
