Admin l Monday, March 07, 2022
ABUJA, Nigeria – Former commander of the Intelligent Response Unit, ( IRT) Squad, DCP Abba Kyari has begged a Federal High Court sitting in Abuja that he be kept in custody of the National Drug Law Enforcement Agency, NDLEA instead of Nigerian Correctional centre in Kuje, Abuja.
Abba Kyari who is being tried by the NDLEA for drug trafficking was arraigned before Justice Emeka Nwite, alongside four other police officers- ACP Sunday J. Ubia, ASP Bawa James, Insp. Simon Agirigba and Insp. John Nuhu and two others on eight count charge of drug trafficking and related offences entered a no guilty plea when the charges were read to him, while his co-defendants, the 6th and 7th defendants, Umeibe and Ezenwanne, pleaded guilty to the charges
Speaking through his counsel, Mr. Kanu Agabi, SAN, the former IRT commander prayed the court to allow him to remain in custody of NDLEA, pending hearing and determination of his fresh application for bail.
Meanwhile, shortly after the Defendants entered their plea, the NDLEA, through its Director, Prosecution & Legal Services, Mr. Joseph Sunday, applied for 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, now on bail.
Agabi, SAN, representing defence argued that the offences allegedly committed were bailable offences and urged the court not to accede to request for facts in respect of Umeibe and Ezenwanne. Agabi, SAN, contended that it will be prejudicial to his client for facts of the case to be reviewed and decision reached on it, 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 added. He averred that both Umeibe and Ezenwanne were also mentioned in some counts in the charge that involved Kyari and the others.
On his part, the prosecution, Mr. Joseph Sunday urged the court to consider evidence before it. “ I do not see how the 1st to 5th Defendants will be prejudiced since we are going to confront them with evidence.
“The most proper thing is to dispose the case against the 6th and 7th Defendants. It will be unjust and unfair to keep the two Defendants in custody, while waiting for 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.
Justice Emeka Nwite has adjourned to Monday, March 14, 2022 for continuation of trial.
