Alleged Cocaine Deals: Court Orders Kyari, Others’ Remand in NDLEA’s Custody Till March 14

•As two co-accused plead guilty to charge

Alex Enumah in Abuja

Justice Emeka Nwite of the Federal High Court yesterday ordered the remand of suspended Deputy Commissioner of Police (DCP), Abba Kyari and six others, in the custody of the National Drug Law Enforcement Agency (NDLEA), till Monday March 14, 2022, when their bail application would be heard.

The judge granted the order shortly after Kyari and four of his colleagues in the Inspector General of Police’s special Intelligence Response Team (IRT) pleaded not guilty to dealing in hard drugs.

Meanwhile, two of the defendants (Chibuinna Umeibe and Emeka Ezenwanne), pleaded guilty to the charge and begged the court for mercy. Specifically, they pleaded guilty to counts five, six and seven of the eight count charge.

Consequently, the judge adjourned to March 28 for the review of facts in their case.

Kyari and four of his IRT members including – Assistant Commissioner of Police (ACP), Sunday Ubua; Assistant Superintendent of Police (ASP), Bawa James; Inspector Simon Agirigba; Inspector John Nuhu, were arrested by the Police on February 14, 2022 and handed over to the NDLEA, for investigation over allegations bordering on drug offences.

In the charge marked FHC/ABJ/57/2022 the defendants were accused of conspiracy, obstruction and dealing in cocaine worth 17.55 kilograms.

In count one, Kyari, ACP Ubua, ASP James, Inspector Agirigba, and Inspector Nuhu, all of Intelligence Response Team were said to have between January 19 and 25 dealt in 17. 55 kilograms of cocaine and committed and offence contrary to and punishable under section 14 (b) of the Natural Drug Law Enforcement Agency Act, CAP 30 Laws of the Federation of Nigeria 2004.

But Kyari and the other police officers pleaded not guilty to the charge, following which their lawyers moved for their bail.

In moving the application for his bail, Kyari’s lawyer, Chief Kanu Agabi, who noted that the offence the applicant was charged with was bailable, prayed the court to allow his client remain in custody of the NDLEA, pending the hearing and determination of his fresh application for bail.

“We appeal that they be kept in NDLEA custody until the bail is heard. They lose nothing if they do that,” Agabi said.

Although, the lawyer to the prosecution, Joseph Sunday, did not oppose the request that the defendants continue to remain in their custody, however, the bail application could not be taken because not all processes were before the court.

However, when Sunday applied for a trial date and for review of facts in respect of the two defendants that pleaded guilty to the charge, Agabi, rose in opposition of the review of their case.

The senior lawyer claimed that it would be prejudicial to his client for the facts of the case to be reviewed and a decision reached while the trial was still ongoing.

According to him, the two defendants who pleaded guilty to the charge were also mentioned in some counts in the charge that involved Kyari and the others.

Responding, the NDLEA’s lawyer argued that reviewing the facts of the case would not prejudice others because the case would be considered on the basis of evidence before the court.

He, therefore, urged the court to dispose the case against the sixth and seventh defendants.

“It will be unjust and unfair to keep the two defendants in custody while waiting for conclusion of the trial of the others.

“It is better for them to be convicted to enable them to start serving their sentence”, Sunday submitted.

In a short ruling, Justice Nwite, ordered the parties to formally address the court in respect of the review of the facts against the two defendants who pleaded guilty on March 28, 2022.