The Federal High Court in Abuja on Friday ordered the suspended Deputy Commissioner of Police, Abba Kyari, and others to enter their respective defences over alleged tampering and dealings involving 17.55 kilograms of cocaine, as charged by the National Drug Law Enforcement Agency (NDLEA).
Justice Emeka Nwite gave the ruling following the no-case submissions filed by Kyari and his co-defendants.
Nairametrics previously reported that Kyari and six others were arraigned in March 2022 by the NDLEA for allegedly tampering with and conspiring to deal in 21.35 kilograms of cocaine seized from suspected traffickers.
His co-defendants at the time included fellow police officers—Sunday Ubia, Bawa James, Simon Agirigba, and John Nuhu—as well as two civilians, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
One of the charges reads:
“That you, DCP Abba Kyari, ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirigba, and Inspector John Nuhu, all male adults, on or about the 19th to 25th of January 2022, within the office of the Inspector-General of Police (IGP) Intelligence Response Team (IRT), Abuja, within the jurisdiction of this Honourable Court, unlawfully tampered with 21.35 kilograms of cocaine seized from Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne in the custody of the IGP-IRT, by removing and disposing of 17.55 kilograms of the cocaine and substituting it with another substance, thereby committing an offence contrary to and punishable under Section 16 of the National Drug Law Enforcement Agency Act, CAP N30 Laws of the Federation 2004.”
Nairametrics had previously reported that while the police officers pleaded not guilty to the charges, the two civilians admitted to knowingly possessing 21.35 kilograms of cocaine.
Chibunna and Emeka later entered into a plea bargain with the NDLEA and were subsequently sentenced to two years’ imprisonment by Justice Emeka Nwite on June 14, 2022.
Legal Developments
During the trial, NDLEA’s counsel, Sunday Joseph, presented witnesses to prove that aside from the civilians admitting to importing and possessing 21.35 kilograms of cocaine, Kyari and other police officers allegedly tampered with the seized cocaine.
- The NDLEA eventually closed its case, allowing Kyari and the others to begin their defence.
- However, Kyari’s legal team and those of the other officers filed no-case submissions, arguing that they had no case to answer.
- The matter was then adjourned to today for a ruling.
What the Judge Said
- Ruling on the no-case submission, Justice Nwite held that—even assuming, without conceding, that the defendants were charged with an amount of cocaine either less than or greater than 17.55 kilograms—it does not negate the fact that there is prima facie (credible) evidence that Kyari tampered with or dealt in cocaine.
- He held that the argument by Kyari’s legal team, that the NDLEA must sufficiently prove the quantity of cocaine stated in the charge, is not the requirement of law.
“There is absolutely nothing in the section under which the defendants were charged that provides different punishments based on the quantity of cocaine involved,” the judge said.
He stressed that whether the charge states one kilogram of cocaine or more, the punishment remains the same.
He emphasized that the offence lies in the possession or tampering of cocaine, regardless of quantity.
“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 (Abba Kyari) in the five-count charge(of drug trafficking). I hereby order him to enter his defence on all five counts,” the judge ruled.
Justice Nwite also ruled that the no-case submissions filed by Kyari’s co-defendants had failed and ordered them to also enter their defence.
The case was adjourned to May 21, 2025, for the defendants to begin their defence.
