A defence witness, Adeshina Fasasi, on Thursday, has told the Federal High Court in Abuja that an analysis of the suspended Deputy Commissioner of Police, Abba Kyari’s call records showed no contact with any phone number linked to a suspected cocaine dealer, known as Mike Coke.
Fasasi, who, identified himself as a staff member of MTN Nigeria Communications Plc, gave this testimony before Justice Emeka Nwite, at the ongoing case against the DCP and others over alleged tampering and dealings involving 17.55 kilograms of cocaine, as charged by the National Drug Law Enforcement Agency (NDLEA).
Nairametrics previously reported that Nwite dismissed the no-case submissions filed by Kyari and his co-defendants, directing them to enter their respective defenses.
NDLEA Case
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.
But the police officers pleaded not guilty to the charges.
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.
During the trial, NDLEA’s counsel, Sunday Joseph, presented witnesses, who stated 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.
What transpired in Court
- At the resumed court session, Fasasi, being led in evidence by Kyari’s lawyer, Onyechi Ikpeazu, SAN, said he was subpoenaed(summoned) to testify in the case.
- He explained that his office handled requests relating to customer disputes and law enforcement investigations.
- The witness, a team lead with MTN’s incident Management Unit, confirmed that “out of six phone numbers linked to Kyari, only one was registered in his name.”
- When asked if phone any number saved with the name “Coke” was found in Kyari’s call records, Fasasi responded that: “From the number, I cannot find a number mentioned with the name.”
- He, however, clarified that MTN’s call data records (CDR) system cannot capture WhatsApp messages, voice recordings or saved contact names on a mobile device.
- He highlighted that the data only includes voice and SMS metadata, location information, and device types.
- The witness added that a number identified in a separate section of the CDR; 09136976496, which was linked to a contact tagged “Coke,” was registered to a name called, Ruth Ayuba, and not Abba Kyari.
- Fasasi admitted that MTN does not record or store the content of calls made between users, even if requested by law enforcement agencies.
- During cross examination by counsel to the National Drug Law Enforcement Agency (NDLEA), Joseph Sunday, the witness admitted he was not a direct employee of MTN Nigeria but works as part of a managed services team recognised by the telecoms company.
- The witness also admitted that he had not read the full content of the report tendered in court and could not speak on every detail in the report.
- Justice Nwite subsequently adjourned the matter until October 22 for continuation of defence.
