CRIMINAL PROSECUTION 20/10/2022
Cocaine Trial: NDLEA Seeks to Mask Key Witnesses Against Kyari, Others
The trial of the detained Deputy Commissioner of Police (DCP), Abba Kyari, and others over drug trafficking charges took another dimension as the National Drug Law Enforcement Agency (NDLEA), has requested to shield the identities of lead witnesses lined up to testify in the trial.
The former head of Police Intelligence Response Team (IRT) is standing trial alongside four members of his team; ACP Sunday J. Ubia, ASP Bawa James, Inspector Simon Agirigba and Insp. John Nuhu.
In an eight-count charge, the defendants are accused of tampering with cocaine which was seized from two convicted drug peddlers- Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
The request to mask the identity of its key witnesses was made by the agency’s Director of Legal Services, Mr. Sunday Joseph, yesterday. The prosecution counsel disclosed its intention to put forward six key witnesses to give evidence in the matter. Mr. Joseph explained that the reason for the request was to ensure the safety of the witnesses.
He said: “My lord, there are sme people who are always here in this court to observe the proceeding.
“Some of them are police officers and some we don’t know their identities. We need to protect the witnesses, that is why we are making this application.”
Responding to the request, counsel to Abba Kyari, Dr. Onyechi Ikpeazu, SAN, said he would not oppose the application on one condition, that his client and the legal team would be allowed to see the witnesses. Counsel to all the other defendants aligned themselves with the position of Kyari’s lawyer. Justice Emeka Nwite, however, directed the NDLEA to file a formal application on the request.
Meanwhile, a Commander of Narcotics at the FCT Command of the agency, Mr. Mohammed Ajia, testified in the case as the fourth prosecution witness (PW4). The witness, who gave graphic evidence on the activities of the two drug traffickers at the Akanu Ibiam International Airport in Enugu, identified himself as head of the operational and administrative affairs of the NDLEA in the FCT, Abuja.
The PW4 further told the court that he had, on February 4, 2022, received a letter that notified him of the transfer of the two convicted drug traffickers, Umeibe and Ezenwanne, to his Command, with drug exhibits.
Meanwhile, the transfer letter dated January 24, 2022, but received by the NDLEA on February 4, which was signed by the second defendant in the matter, ACP Ubia, was tendered and admitted in evidence as Exhibit 13. The witness further identified the two bags containing the suspected cocaine that was transferred to the NDLEA by the IRT, which the court earlier admitted and marked as Exhibits 7 and 8.
Ajia, who was cross-examined by the defence counsel, said his enquiry from experts that conducted the test, revealed that the substance that was mixed with the cocaine handed to him, was “Bicarbonate”.
Asked if he knew what bicarbonate means and to describe what it looks like, the witness said: “I am not a chemist or a biochemist, so this question is unfair to me. My lord, I don’t know what bicarbonate is.”
He admitted to the court that though the NDLEA maintains operatives in all international airports in the country, it was, however, the Kyari led members of the police IRT that arrested the two convicted drug traffickers at the Akanu Ibiam International Airport in Enugu.
Asked if he was aware whether the NDLEA operatives that cleared the two drug traffickers before they were apprehended by the IRT have been arrested or prosecuted for escorting cocaine into the country, the witness said: “It is not within my purview to know about such. I am not the Commander of Nigeria, but only that of NDLEA in FCT.
Justice Nwite has adjourned trial for today.