Justice Emeka Nwite of the Federal High Court, Abuja on Monday, shifted the trial of the former head of the Intelligence Response Team (IRT) of the police, Deputy Commissioner of Police (DCP), Abba Kyari and four of his codefendants accused of tempering with cocaine seized from suspects to July 24 to open defence.
Kyari and his codefendants in suit marked, FHC/ABJ/CR/57/2022 DCP Abba Kyari, ACP Sunday J. Ubia, ASP James Bawa, Inspectors Simon Agirigba and John Nuhu were accused of conspiracy, obstruction and tempering with 21.25 kg of cocaine unlawful.
The defendants pleaded not guilty to the charge preferred against them by the National Drug Law Enforcement Agency (NDLEA), but their civilians accomplices who were also listed as co-defendants, Chibunna Patrick Umeibe and Emeka Aifonsus Ezenwanne are currently serving two years jail term having pleaded guilty.
At the resumed hearing of the trial on Monday, when Kyari, who was to open his defence could not have his witnesses in court, counsel to the prosecution informed the Court that the defence witness was not in court because the signal sent for his release did not reach him early enough to enable him be in court from out side jurisdiction.
Both the prosecution and defence counsel agreed and pleaded for a short adjournment, a request Justice Nwite granted and consequently adjourned the matter till July 24, 2025 for the defendants to open their defence.
It would be recalled that, on May 21, 2025, proceedings in the matter was stalled following the death of the daughter of the lead prosecution counsel, Dr. Onyechi Ikpeazu, SAN.
The court had adjourned till the day for Kyari and his co-defendants to open their defense but, when the matter was called, Abdul Mohammed, SAN holding the brief of Dr Ikpeazu informed the court that, he (Ikpeazu) lost his daughter in an accident on Saturday, May 17, 2025.
Mohamed told the court that, Ikpeazu is presently in shock following the demise of his daughter who is billed to be called to Bar, after passing the final Bar examination.
“Out of respect for the court, he directed me to come and convey the sad news to the court and asked that, this matter be adjourned to a reasonable time to enable him get himself back for the proceedings.
“We are suggesting July 7, the period we feel would enable him nurse the wound before coming back to conduct the proceedings” Mohammed told the court.
Responding, the prosecution counsel, Sunday Joseph said, he was saddened when he heard about the loss of the senior lawyer’s daughter and agreed with the date suggested by the defense counsel.
The prosecution counsel however drew the attention of the court to an affidavit that saying that Kyari was operated for prostrate, but that, a letter from the Gwagwalada teaching hospital said, there was no prostrate surgery on the first defendant that, the hospital was only managing him for diabetes.
In his response, Mohammed said the prosecution’s submission was an aberration to the defense and submitted further that, “What he said is a very serious allegation against a professional colleague. I urged my Lord to strike out the submission because the prosecution has not filed affidavit evidence in that respect.
“Let him come with proper application to show that the court was taken for a ride”, the defense counsel said and beckoned on Kyari to stand up and show the court where the surgery was done on his stomach, which he did and the Judge and parties in the matter saw where his stomach was bandaged after the surgery.
Meanwhile, Justice Nwite said, “With the mood we are now, I am shocked, we cannot do anything meaningful now. If there are issues, the prosecution should come formally for both parties to be heard” and consequently, adjourned the matter till July 7, 2025 for defense.
Justice Nwite had, in separate rulings on the no-case submission applications of the defendants, held that a prima face case had been made out against them in the charge.
Kyari, the 1st defendant and a former head of the Intelligence Response Team (IRT) of the Police was arrested on February 14, 2022, after the NDLEA declared him wanted over alleged links to an international drug cartel.
The suspended DCP and co-defendants are being prosecuted on charges bordering on conspiracy to deal in 21.25kg of cocaine.
They are also accused 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.
On March 7, 2022, Kyari and others were arraigned alongside Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, the two suspected drug traffickers who were arrested at Akanu Ibiam International Airport, Enugu by the officers.
Upon arraignment, Kyari and four other defendants pleaded not guilty and Umeibe and Ezenwanne, the 6th and 7th defendants, pleaded guilty and were convicted accordingly.
After the NDLEA closed its case, each of the defendants opted for a no-case submission, arguing that no evidence had been adduced by the prosecution on which the court could convict them.
Delivering ruling on the no case submission, Justice Nwite held 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.
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