Court Orders Suspended DCP Abba Kyari to Defend Cocaine Trafficking Charges

The Federal High Court in Abuja has ruled that suspended Deputy Commissioner of Police (DCP), Abba Kyari, alongside four other officers, must open their defence in the drug trafficking case brought against them by the National Drug Law Enforcement Agency (NDLEA).

Justice Emeka Nwite gave the ruling on Friday while delivering judgments on separate no-case submissions filed by the defendants. The judge said the court was convinced that the prosecution had established a prima facie case that warranted a defence from the accused.

Kyari, once the head of the Intelligence Response Team (IRT) of the Nigeria Police, was declared wanted by the NDLEA and arrested on February 14, 2022, over alleged links to an international drug syndicate.

He is standing trial along with four members of his team – ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu.

The NDLEA accused the officers of conspiracy to deal in 17.55kg of cocaine and unlawful tampering with 21.35kg of cocaine seized from two convicted drug traffickers, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, who were arrested at Akanu Ibiam International Airport, Enugu.

While Kyari and his team pleaded not guilty to the charges during their arraignment on March 7, 2022, Umeibe and Ezenwanne admitted guilt and were convicted.

After the prosecution closed its case, the defence team filed no-case submissions, arguing that the evidence presented could not support a conviction. But Justice Nwite dismissed the applications.

“Assuming without conceding that the defendants were charged with less amount of cocaine that is lesser than 17.55kg 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 ruled.

He further stated that the law under which Kyari and others were charged does not specify different punishments based on the quantity of cocaine, noting that “the argument of the 1st defendant’s lawyer on the need to sufficiently prove the amount of cocaine on the face of the charge is not the requirement of the law.”

Justice Nwite concluded that: “In view of the foregoing, 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.”

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