Chibuna Umeibe and Emeka Ezenwanne, two of Abba Kyari’s co-defendants in the alleged drug trafficking offence trial have pleaded guilty to the charges before an Abuja Division of the Federal High Court on Monday.
Abba Kyari alongside the six other defendants were brought before the court for their arraignment.
The two co-defendants pleaded guilty to counts 5, 6 and 7, of the eight-count charge. However, four others and Mr Kyari pleaded not guilty to the eight-count charge proffered against them by the National Drugs Law Enforcement Agency (NDLEA)
The charges the defendants pleaded guilty to
Count five reads: “That you Chibunna Patrick Umeibe, male adult and Emeka Alphonsus Ezenwanne, male adult on or about the 19th January 2022 at Akanu Ibiam International Airport, Enugu Nigeria, within the jurisdiction of this Honourable Court without lawful authority imported 21.35 kilogrammes of cocaine and thereby committed an offence contrary to and punishable under section 14(b) of the National Drug Law enforcement Agency ACT CAP N30 Laws of the Federation of Nigeria 2004.”
Count six reads: “That you Chibunna Patrick Umeibe, male, adult; and you Emeka Alphonsus Ezenwanne, male adult on or about the 25th January 2022 at Akanu Ibiam International Airport, Enugu, Nigeria within the jurisdiction of this Honourable Court without lawful authority imported 21.35kilogrammes of cocaine and thereby committed an offence contrary to an punishable under section 11(a) of the National Drug Law Enforcement Agency ACT CAP N30 Laws of the Federation of Nigeria 2004.
Count seven reads: “That you Chibunna Patrick Umeibe, male, adult; and you Emeka Alphonsus Ezenwanne, male adult and one IK, now at large, on the 25th January 2022, at Akanu Ibiam International Airport, Enugu, Nigeria within the jurisdiction of this Honourable Court knowingly possessed 21.35 kilogrammes of cocaine and thereby committed an offence contrary to and punishable under section 11(d) of the National Drug Law Enforcement Agency Act Cap N30 Laws of the Federation of Nigeria 2004.”
What happened in court
- After all the defendants had taken their plea, Joseph Sunday, counsel to NDLEA prayed the court to grant them leave to review the fact of the charges against the two defendants that pleaded guilty.
- He said they will file a written address in that regard by Tuesday. He then asked the court to grant them a date for the trial of the 1-5 defendants in the suit and a date for the sentencing of the 6 and 7 defendants.
- Counsel to Mr Kyari, Kanu Agabi (SAN) told the court they had filed an application for the bail of Mr Kyari.
- In response, NDLEA’s lawyer confirmed that they have been served with the bail application. However, they had filed a counter-affidavit opposing the bail application.
- Speaking on the guilty plea of the two defendants, Mr Agabi argued that sentencing them would jeopardise the case of the other defendants in the suit.
- Arguing that they might have pleaded guilty out of ignorance, he said, “My Lord, convicting and sentencing these two defendants who have pleaded guilty to the charge will be prejudicial to our client’s case,”
- Mr E. U. Okenyi, the lawyer representing the 6th and 7th defendants told the court that his clients’ guilty plea was not out of ignorance.
- Responding to Mr Agabi, Mr Okenyi said “My clients couldn’t have pleaded guilty to charges in which they are legally represented in court,”
- NDLEA’s lawyer submitted that “the conviction and sentencing of the two defendants, cannot be put in abeyance till the conclusion of the five remaining defendant’s trial.” He argued that it will not be fair on the two defendants to stall their sentencing until the conclusion of the trial of the other five defendants.
- The presiding judge, Emeka Nwite, ordered both the prosecution and defense counsels to address the court on points of law in their arguments.
- He adjourned the matter till March 14 and 28 for the hearing of the bail application of Mr Kyari and the other four defendants and for the review of facts of the case for the conviction and sentencing of the two defendants who pleaded guilty.
