Court docket orders Abba Kyari, others to enter defence over alleged 17.55kg cocaine deal
The Federal Excessive Court docket in Abuja on Friday ordered the suspended Deputy Commissioner of Police, Abba Kyari, and others to enter their respective defences over alleged tampering and dealings involving 17.55 kilograms of cocaine, as charged by the Nationwide Drug Regulation Enforcement Company (NDLEA).
Justice Emeka Nwite gave the ruling following the no-case submissions filed by Kyari and his co-defendants.
Nairametrics beforehand reported that Kyari and 6 others have been arraigned in March 2022 by the NDLEA for allegedly tampering with and conspiring to deal in 21.35 kilograms of cocaine seized from suspected traffickers.
His co-defendants on the time included fellow law enforcement officials—Sunday Ubia, Bawa James, Simon Agirigba, and John Nuhu—in addition to two civilians, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
One of many expenses reads:
“That you just, DCP Abba Kyari, ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirigba, and Inspector John Nuhu, all male adults, on or in regards to the nineteenth to twenty fifth of January 2022, throughout the workplace of the Inspector-Basic of Police (IGP) Intelligence Response Workforce (IRT), Abuja, throughout the jurisdiction of this Honourable Court docket, unlawfully tampered with 21.35 kilograms of cocaine seized from Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne within the custody of the IGP-IRT, by eradicating and disposing of 17.55 kilograms of the cocaine and substituting it with one other substance, thereby committing an offence opposite to and punishable underneath Part 16 of the Nationwide Drug Regulation Enforcement Company Act, CAP N30 Legal guidelines of the Federation 2004.”
Nairametrics had beforehand reported that whereas the law enforcement officials pleaded not responsible to the fees, the 2 civilians admitted to knowingly possessing 21.35 kilograms of cocaine.
Chibunna and Emeka later entered right into a plea cut price with the NDLEA and have been subsequently sentenced to 2 years’ imprisonment by Justice Emeka Nwite on June 14, 2022.
Authorized Developments
Throughout the trial, NDLEA’s counsel, Sunday Joseph, introduced witnesses to show that apart from the civilians admitting to importing and possessing 21.35 kilograms of cocaine, Kyari and different law enforcement officials allegedly tampered with the seized cocaine.
- The NDLEA ultimately closed its case, permitting Kyari and the others to start their defence.
- Nevertheless, Kyari’s authorized group and people of the opposite officers filed no-case submissions, arguing that they’d no case to reply.
- The matter was then adjourned to at the moment for a ruling.
What the Decide Mentioned
- Ruling on the no-case submission, Justice Nwite held that—even assuming, with out conceding, that the defendants have been charged with an quantity of cocaine both lower than or larger than 17.55 kilograms—it doesn’t negate the truth that there’s prima facie (credible) proof that Kyari tampered with or dealt in cocaine.
- He held that the argument by Kyari’s authorized group, that the NDLEA should sufficiently show the amount of cocaine acknowledged within the cost, isn’t the requirement of legislation.
“There may be completely nothing within the part underneath which the defendants have been charged that gives completely different punishments based mostly on the amount of cocaine concerned,” the decide stated.
He burdened that whether or not the cost states one kilogram of cocaine or extra, the punishment stays the identical.
He emphasised that the offence lies within the possession or tampering of cocaine, no matter amount.
“In view of the foregoing, I’m of the view, and I so maintain, {that a} prima facie case has been made out towards the first defendant (Abba Kyari) within the five-count cost(of drug trafficking). I hereby order him to enter his defence on all 5 counts,” the decide dominated.
Justice Nwite additionally dominated that the no-case submissions filed by Kyari’s co-defendants had failed and ordered them to additionally enter their defence.
The case was adjourned to Could 21, 2025, for the defendants to start their defence.
