The Federal High Court sitting in Abuja, Federal Capital Territory (FCT) on Friday, ruled that prima facie case has been made out against the suspended Deputy Commissioner of Police, Abba Kyari, and his co-defendants.
Penpushing reports that Justice Emeka Nwite, in separate rulings on the defendants no-case submission applications, ordered them to enter their defence in the charge preferred against them by the National Drug Law Enforcement Agency (NDLEA).
The 1st defendant, Kyari who is a former head of the Intelligence Response Team (IRT) of the police was arrested on February 14, 2022 after the National Drug Law Enforcement Agency (NDLEA) declared him wanted over alleged links to an international drug cartel.
Penpushing further reports that the embattled suspended police officer and four members of the Intelligence Response Team (IRT), Sunday Ubua (ACP), Bawa James (ASP), Simon Agirgba (Inspector) and John Nuhu (Inspector) are being prosecuted on charges of conspiracy to deal in 17.55kg of cocaine.
The prosecuting agency accused them 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.
Penpushing also reports Kyari, and others, it is recalled on March 7, 2022 were arraigned alongside Chibunna Umeibe and Emeka Ezenwanne, the two suspected drug traffickers who were arrested at Akanu Ibiam International Airport, Enugu by the operatives of the drug law enforcement agency.
The defendants, on arraignment pleaded not guilty, while Messrs Umeibe and Ezenwanne, the 6th and 7th defendants, pleaded guilty and were convicted accordingly, however, Kyari and co-accused had, at one time, applied for bail, which was rejected.
Penpushing reports after the agency closed its case, each of the defendants opted for a no-case submission, arguing that the prosecution had not adduced evidence on which the court could convict them.
The judge delivering the ruling declared 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.
Penpushing further reports in ruling on Kyari’s application, held that 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.
The judge in same vein, held that there was nothing on the face of the section of the law, on which the defendants were charged, that states or provides different punishment as it relates to the quantity or amount of cocaine, whether the charge provides for one kilogramme or more.
‘I am of the view and I so hold that a prima facie case has been made out against the 1st defendant in the five-count charge and I hereby order him to enter his defence in all the five counts.
Penpushing also reports that the judge consequently adjourned the matter until May 21, 2025 for the defendants to open their defence.
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