The National Drug Law Enforcement Agency, NDLEA, on Monday, urged the Federal High Court sitting in Abuja to deny the suspended Deputy Commissioner of Police, DCP, Abba Kyari, bail.
The agency, in a 21-paragraph counter-affidavit it lodged before the court, insisted that Kyari posed a flight risk.
It told the court that Kyari, who hitherto headed the Police Intelligence Response Team, IRT, would excape from the country and make himself unavailable for trial, should he be released from custody.
Kyari’s lead counsel, Agabi, SAN, had contended that it would be prejudicial to his client for facts of the case to be reviewed and decision reached on it, while the trial is still subsisting.
He made reference to cases where Defendants, out of ignorance, pleaded guilty to a charge against them.
“It is not in the interest of justice for the facts to be reviewed while the trial is still ongoing”, he argued.
More so, Agabi, SAN, noted that both Umeibe and Ezenwanne were also mentioned in some counts in the charge that involved Kyari and the other accused police officers.
Before the court adjourned the matter till March 28, the NDLEA, said it was no longer willing to retain the 3rd, 4th and 5th Defendants in its custody due to their “unruly behavior”.
It told the court that the Defendants were “causing a lot of disturbances”.
“We can take the others in our custody except these three Defendants.
“But if they undertake to be of good behaviour, we have no problem, we can take them”, NDLEA’s lawyer added.
Consequently, lawyers to the three Defendants, took turns to enter an undertaking before the court, pledging that their clients would be of good behaviour “from now onwards”.
Justice Nwite said he would order the transfer of the three Defendants to a Correctional Center, should the court receive any further report of their unruly behavior.
The NDLEA had in the charge, accused DCP Kyari who hitherto headed the Police Intelligence Response Team, IRT, and the other four officers of conspiracy, obstruction and dealing in cocaine worth 17.55 kilograms.
It alleged that Kyari and his men unlawfully tampered with 21.25kg worth of cocaine that were seized from the two apprehended drug traffickers, Umeibe and Ezenwanne.
