The Federal High Court sitting in Abuja has ordered suspended Deputy Commissioner of Police, Abba Kyari, to open his defence in the ongoing cocaine trafficking trial instituted by the National Drug Law Enforcement Agency (NDLEA).
Delivering his ruling on Friday, Justice Emeka Nwite dismissed the no-case submissions filed by Kyari and four other officers, stating that the prosecution had successfully established a prima facie case requiring them to respond.
Kyari, who once led the Nigeria Police’s Intelligence Response Team (IRT), was arrested on February 14, 2022, after being declared wanted by the NDLEA for alleged involvement in an international drug trafficking ring.
He is being tried alongside four members of his former team: ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu. They face charges of conspiracy to traffic 17.55kg of cocaine and unlawful tampering with an additional 21.35kg, linked to convicted traffickers Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, who were apprehended at Akanu Ibiam International Airport, Enugu.
Though Kyari and his co-defendants pleaded not guilty when arraigned on March 7, 2022, the two traffickers admitted guilt and were sentenced accordingly.
Following the closure of the prosecution’s case, the defence filed applications arguing that the evidence was insufficient to sustain a conviction. However, Justice Nwite rejected this argument.
“Even if the quantity of cocaine was more or less than 17.55kg, it doesn’t negate the presence of prima facie evidence that the first defendant tampered with narcotics,” the judge stated.
He further clarified that the law under which the officers were charged does not distinguish penalties based on quantity, thereby rendering the defence’s argument moot.
“In light of the evidence before the court,” Justice Nwite declared, “a prima facie case has been established against the first defendant on all five counts. He is therefore ordered to enter his defence accordingly.”
