It was a dramatic turn at the Federal High court in Abuja when two Defence Counsel engaged in hot argument over the plea of guilt entered by two Defendants during the arraignment of the suspended DCP Abba KIYARI and some others standing trial for alleged cocaine deal.
The Defence Counsel, E. U. Okenyi, whose clients pleaded guilty to three of the eight count charge of illicit cocaine dealing, defended the decision taken by the two co-defendants.
Mr E. U. Okenyi, who was present at the proceedings when the duo pleaded guilty to three of the eight charges at the Federal High Court in Abuja, said their decision was not based on ignorance, as against submission of Abba Kiyari’s Counsel, Kanu Agabi, a Senior Advocate of Nigeria, that they pleaded guilty out of ignorance and that their plea of guilt might jeopardize the case of other Defendants.
Okenyi argued that his clients; Chibuna Umeibe and Emeka Ezenwanne, couldn’t have pleaded guilty to the counts 5,6 and 7 out of ignorance, while he was present and represented them in Court.
On his part, Counsel to the Prosecuting National Drug Law Enforcement Agency (NDLEA), Joseph Sunday, urged the Court to order the review of facts of the case of the two Defendants, in other to set the stage for their sentencing.
Kyari’s lead Counsel, Kanu Agabi (SAN), a former Attorney-General of the Federation, objected to the prosecuting lawyer’s request, stressing that should the court convict and impose a sentence on the duo, it would jeopardise and will be pre-judicial to Kyari and the other four Defendants’case.
Kiyari and the four other Police Officers, however, pleaded not guilty to the charge.
The trial Judge, Hon. Justice Emeka Nwite, directed both Prosecuting and Defence Counsel to address the court on points of law concerning their arguments and adjourned the matter to March 14 and 28, for the hearing of Mr Kyari’s and the remaining four Defendants’ bail applications.
Others charged alongside Abba Kyari are Assistant Commissioner of Police ACP Sunday Ubua, Assistant Superintendent of Police ASP Bawa James, Inspector Simon Agirigba, Inspector John Nuhu, Chibuinna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
THE CHARGES
The charge sheet marked FHC/ABJ/CR/57/2022 was filed at the Federal High Court in Abuja and endorsed by one Joseph Sunday, the NDLEA Director, Prosecution and Legal Services.
Count one read: “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 17.55 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 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 17.55 kilogrammes 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 21.35 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: 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 21.35 kilogrammes 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 17.55 kilogrammes 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.
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