Suspended DCP Kyari Pleads Not Guilty To Drug Charges — But Co-Defendants Admit Guilt

The National Drug Law Enforcement Agency (NDLEA) has brought Abba Kyari, suspended deputy commissioner (DCP) of police, to a federal high court in Abuja.

The other defendants in the charge marked FHC/ABJ/57/2022 include Sunday J Ubia, Bawa James, Simon Agirigba and John Nuhu. The three defendants are members of the police Intelligence Response Team (IRT).

Others are Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, two alleged drug traffickers who were arrested at Akanu Ibiam International Airport, Enugu.

In the charge filed by Joseph Sunday, NDLEA director of prosecution and legal services, before the federal high court, the agency accused Kyari and four other police officers of conspiracy, obstruction and dealing in cocaine worth 17.55 kilograms.

Upon arraignment, Kyari and four other defendants pleaded not guilty to the charges.

However, the sixth and seventh defendants entered a “guilty” plea and begged the court for mercy.

“My lord, I’m guilty; have mercy,” the seventh defendant said.

According to the NDLEA, Mr Kyari, between January 19 and 25, dealt in 17.55 kilograms of cocaine.

Two civilians charged with suspended Deputy Commissioner of Police Abba Kyari and four other policemen – Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne – have pleaded guilty to importing 21.35kilogrammes of cocaine.

Umeibe and Ezenwanne, who are charged in counts five, six and seven of the eight-count charge, pleaded guilty when the charge was read to them.

Other defendants in the case, DCP Abba Kyari, ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, Inspector John Nuhu pleaded not guilty in respect of counts one, two, three, four and eight.

Shortly after the defendants entered their plea, the NDLEA, through its Director, Prosecution and Legal Services, Joseph Sunday, applied for a trial date and for review of facts in respect of the Defendants that pleaded guilty to the charge.

The NDLEA equally told the court that it filed a counter-affidavit to oppose the release of Kyari and the other four former members of the Police IRT, on bail.

But Agabi, while arguing that the charge against his clients were bailable offences, he urged the court not to accede to request for facts in respect of Umeibe and Ezenwanne.

Agabi argued that it will be prejudicial to his client for facts of the case to be reviewed and a decision reached, while the trial is still subsisting.

“It is not in the interest of justice for the facts to be reviewed while the trial is still ongoing”, he said.

He noted that both Umeibe and Ezenwanne were also mentioned in some counts in the charge that involved Kyari and the others.

Addressing the court, the Prosecution counsel, Sunday, maintained that reviewing the facts of the case would not prejudice DCP Kyari and the others.

“My lord, this sort of application by the Defence is to undermine the capacity of this court.

“This case to be considered on the basis of the evidence before the court. I do not see how the 1st to 5th Defendants will be prejudiced since we are going to confront them with evidence against them.

“The most proper thing is to dispose of the case against the 6th and 7th Defendants.

“It will be unjust and unfair to keep the two defendants in custody while waiting for the conclusion of the trial of the others.

“It is better for them to be convicted to enable them to start serving their sentence”, the Prosecution added.

After he had listened to oral arguments from both sides, trial Justice Nwite said he would want the parties to formally address the court on the issue next Monday March 14

The Lawyer recalls that Mr Kyari, before his suspension, was a former Deputy Commissioner of Police.

According to the NDLEA, Mr Kyari, between January 19 and 25, dealt in 17.55 kilograms of cocaine.

He is also being charged with obstruction of justice through attempted bribery of NDLEA officers.

See below the full details of the eight counts brought against Mr Kyari and his alleged accomplices:

Count one: “That you DCP Abba Kyari, ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, all male, on or about the 19th to 25th January 2022, at the office of Inspector-General of Police (IGP) Intelligence Response Team (IRT), Abuja conspired amongst themselves with ASP John Umoru (now at large) to deal in 17.55kilogrammes 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 two read: “That you DCP Abba Kyari, ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, all male, Adult on or about the 19th to 25th January 2022, at Abuja within the jurisdiction of this Honourable Court dealt in 17.55kilogrammes of cocaine without lawful authority and thereby committed an offence contrary to and punishable under section 11(c) of the National Drug Law Enforcement Agency Act, CAP N30 Laws of the Federation of Nigeria 2004.

Count Three: “That you DCP Abba Kyari, ACP Sunday J Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, all male, all male, Adult on or about the 19th to 25th January 2022, within the office of the Inspector-General of (IGP) Intelligence Response Team (IRT), Abuja, within the jurisdiction of this Honourable Court conspired amongst yourselves and with ASP John Umoru (now at large) to unlawfully tamper with 21.35 kilogramames of cocaine seized from Chibunna Patrick Umeibe and Emeka AlphonsEzenwannne in the custody of the Inspector-General of Police (IGP) Intelligence Response Team (IRT), by removing and disposing 17.55 kilogrammes of the cocaine and by substituting same with some other substance 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 2004”

Count Four: That you DCP Abba Kyari, ACP Sunday J Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu, all male adults on or about the 19th to 25th January 2022, within the office of the Inspector-General of (IGP) Intelligence Response Team (IRT), Abuja, within the jurisdiction of this Honourable unlawfully tampered with 21.35 kilogramames of cocaine seized from Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwannne in the custody of the Inspector-General of Police (IGP) Intelligence Response Team (IRT), by removing and disposing 17.55 kilogrammes of the cocaine and substituting same with some other substance and thereby committed an offence contrary to and punishable under section 16 of the National Drug Law Enforcement Agency ACT CAP N30 Laws of the Federation 2004.

Count Five: 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 21.35kilogrammes 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: 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: 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.

Count Eight: That you DCP Abba Kyari, on or about 25th January 2022, at a restaurant on Port Harcourt Crescent, Area 11, Garki Abuja, within the jurisdiction of the court, attempted to obstruct the Agency and its authorised officers in the exercise of their duties by offering the sum of $61,400.00 USD (sixty-one thousand, four hundred United States of America Dollars) to a senior officer of the Agency as inducement to prevent the testing of the
17.55kilogrammes of substance used to replace the cocaine seized from Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne and thereby committed an offence contrary to section 23 and punishable under section 49 of the National Drug Law Enforcement Agency Act Cap N30 Laws of the Federation of Nigeria 2004.