Justice Emeka Nwite of the Federal High Court, Abuja, on Friday, ordered the suspended Head of the Inspector-General of Police Intelligence Response Team (IRT), Abba Kyari, and his co-defendants to enter their defence in the charge preferred against them by the National Drug Law Enforcement Agency (NDLEA).
Justice Emeka Nwite, in separate rulings on their no-case submission applications, held that a prima facie case had been made out against Kyari and other police officers in the charge.
Kyari was arrested on February 14, 2022, after the NDLEA declared him wanted over alleged links to an international drug cartel.
The supercop and four members of the IRT – ACP Sunday J. Ubua, ASP Bawa James, Insp. Simon Agirgba and Inspector John Nuhu are being prosecuted on charges of conspiracy to deal in 17.55kg of cocaine.
They were also accused of dealing in cocaine without lawful authority; conspiracy to tamper with cocaine, and unlawfully tampering with the 21.35kg of cocaine seized from two convicted drug dealers.
On March 7, 2022, Kyari and others were arraigned alongside Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, the two suspected drug traffickers who were arrested at Akanu Ibiam International Airport, Enugu, by the officers.
Upon arraignment, Kyari and four other defendants pleaded not guilty to the charges.
However, Umeibe and Ezenwanne pleaded guilty and were convicted accordingly.
Although Kyari and others had, at one time, applied for bail, their application was rejected.
After the NDLEA closed its case, each of the defendants opted for a no-case submission and argued that no evidence had been adduced by the prosecution on which the court could convict them.
In his ruling, Justice Nwite held that with the state of evidence led so far by the prosecution, he was convinced that a prima facie case had been established against the defendants to require them to put forward their defence.
Justice Nwite held the same view in the five separate rulings he delivered on Friday.
In a ruling on Kyari’s application, the judge said: “Assuming without conceding that the defendants were charged with less amount of cocaine that is lesser than 17.55 kg or more than that, it does not take away the fact that there is prima facie evidence that the 1st defendant dealt or tampered with cocaine.”
He adjourned the matter till May 21 for the defendants to open their defence.
© Ripples Nigeria
