On Friday, the Federal High Court in Abuja dismissed the no-case submission filed by the suspended Deputy Commissioner of Police, Abba Kyari, and his co-defendants.
In a ruling delivered by Justice Emeka Nwite, the court directed the defendants to proceed with their defences in the case brought against them by the National Drug Law Enforcement Agency (NDLEA) concerning drug trafficking and tampering. Justice Nwite concluded that a prima facie case had been established.
Kyari and his co-defendants are accused of tampering with and trafficking 17.55 kilograms of cocaine. The NDLEA had filed charges against them in March 2022, alleging that they conspired to alter and traffic 21.35 kilograms of cocaine that had been seized from suspected drug traffickers.
The defendants include police officers Sunday Ubia, Bawa James, Simon Agirigba, and John Nuhu, along with two suspected traffickers, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne. They face a five-count charge related to drug trafficking.
The charges state: “That you, DCP Abba Kyari, ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirigba, and Inspector John Nuhu, on or between January 19 and 25, 2022, within the office of the Inspector-General of Police (IGP) Intelligence Response Team (IRT), Abuja, unlawfully tampered with 21.35 kilograms of cocaine seized from Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne by removing 17.55 kilograms and replacing it with another substance.”
The charges are brought under Section 14(b) of the NDLEA Act, CAP N30, Laws of the Federation of Nigeria, 2004.
While Kyari and the other officers denied the charges, Umeibe and Ezenwanne pleaded guilty to knowingly possessing the cocaine. Following a plea bargain with the NDLEA, they were each sentenced to two years in prison by Justice Nwite on June 14, 2022.
Justice Nwite clarified that there was no provision in the law for varying punishments based on the quantity of cocaine involved. He stressed that the offense pertains to the possession or tampering with cocaine, irrespective of its amount.
In light of the findings, Justice Nwite ruled that a prima facie case had been established against Kyari on all five counts of drug trafficking and ordered him to present his defence. He also dismissed the no-case submissions from Kyari’s co-defendants and directed them to proceed with their own defences.
The case has been adjourned to May 21, when the defendants will begin presenting their defences.
