The Federal High Court in Abuja has ruled that suspended Deputy Commissioner of Police, Abba Kyari, and his co-defendants have a case to answer in the drug trafficking charges brought against them by the National Drug Law Enforcement Agency.
Delivering the ruling on Friday, Justice Emeka Nwite dismissed the no-case submissions filed by Kyari and his co-defendants, holding that a prima facie case had been established by the prosecution.
The court subsequently ordered the defendants to enter their defence in the five-count charge bordering on conspiracy, tampering with narcotics, and trafficking.
Kyari, a former commander of the Intelligence Response Team of the Nigeria Police Force, is standing trial alongside four other police officers—ACP Sunday Ubua, ASP Bawa James, Inspector Simon Agirigba, and Inspector John Nuhu—as well as two civilians, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
The NDLEA had arraigned them in March 2022, accusing them of conspiring to tamper with and traffic 21.35 kilograms of cocaine recovered from Umeibe and Ezenwanne, who were arrested in Enugu and brought to the IGP Intelligence Response Team in Abuja.
According to the charge, between January 19 and 25, 2022, the officers allegedly tampered with 21.35 kilograms of the cocaine by removing and disposing of 17.55 kilograms and substituting it with another substance.
The act, according to the NDLEA, contravenes Section 14(b) of the NDLEA Act, CAP N30, Laws of the Federation of Nigeria, 2004.
While the officers, including Kyari, pleaded not guilty, the two civilians pleaded guilty and later entered into a plea bargain with the NDLEA.
They were subsequently sentenced to two years’ imprisonment in June 2022.
Following the closure of the NDLEA’s case, the defence filed a no-case submission, arguing that the evidence tendered was insufficient to sustain the charges. However, Justice Nwite disagreed.
“Even assuming, without conceding, that the defendants were charged with an amount of cocaine either less than or greater than 17.55 kilograms, it does not negate the fact that there is prima facie evidence that Kyari tampered with or dealt in cocaine,” he said.
The judge clarified that the applicable section of the NDLEA Act does not differentiate punishment based on the quantity of cocaine involved.
“There is absolutely nothing in the section under which the defendants were charged that provides for different punishments based on the quantity of cocaine,” he added.
“I am of the view, and I so hold, that a prima facie case has been made out against the first defendant (Abba Kyari) in the five-count charge of drug trafficking. I hereby order him to enter his defence on all five counts,” the judge ruled.
Justice Nwite also dismissed the no-case submissions filed by Kyari’s co-defendants, maintaining that they too must open their defence.
The case was adjourned till May 21 for the defendants to begin presenting their defences.
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