Justice Emeka Nwite of Federal High Court sitting in Abuja, on Monday, adjourned the trial of the former head of the Intelligence Response Team (IRT) of the Police, Deputy Commissioner of Police (DCP) Abba Kyari and four others accused of tempering with cocaine ceased from suspects to July 24 to open defence.
The defendants in suit marked, FHC/ABJ/CR/57/2022 DCP Abba Kyari, ACP Sunday J. Ubia, ASP James Bawa, Inspectors Simon Agirigba and John Nuhu were accused of conspiracy, obstruction and tempering with 21.25 Kg of cocaine unlawfully.
They pleaded not guilty to the charge, but their civilians accomplices who were co-defendants, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne are currently serving two years jail term having pleaded guilty to the charges preferred against them by the National Drugs Law Enforcement Agency (NDLEA).
At the resumed trial on Monday, when DCP, Abba Kyari who was to open his defence could not have his witnesses in court, counsel to the prosecution, informed the Court that the defence witness was not in court because the signal sent for his release didn’t reach him early enough to enable him be in court from out side jurisdiction.
With the agreement of counsel in the matter, the court adjourned the matter to July 24, 2025 for the Defendants to open their defence.
It would be recalled that, on May 21, proceedings in the matter was stalled due to the death of the daughter of the lead counsel for the defense, Dr. Onyechi Ikpeazu, SAN.
The matter was slated on the said date for Kyari and his co-defendants to open their defense but, when the matter was called, Abdul Mohammed, SAN holding the brief of Dr Ikpeazu informed the court that, he (Ikpeazu) lost his daughter in an accident on Saturday, May 17, 2025.
Mohamed told the trial Judge, that, Ikpeazu is presently in shock following the demise of his daughter who is billed to be called to Bar, after passing the final Bar examination.
“Out of respect for the court, he directed me to come and convey the sad news to the court and asked that, this matter be adjourned to a reasonable time to enable him get himself back for the proceedings.
“We are suggesting July 7, the period we feel would enable him nurse the wound before coming back to conduct the proceedings” Mohammed told the court.
Responding, the prosecution counsel, Sunday Joseph said, he was saddened when he heard about the loss of the senior lawyer’s daughter and agreed with the date suggested by the defense counsel.
Justice Nwite had, in separate rulings on the no-case submission applications of the defendants, held that a prima face case had been made out against them in the charge.
Kyari, the 1st defendant and a former head of the Intelligence Response Team (IRT) of the Police was arrested on February 14, 2022, after the NDLEA declared him wanted over alleged links to an international drug cartel.
The suspended DCP and four members of the IRT – ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu are being prosecuted on charges bordering on conspiracy to unlawfully deal in 21.25kg of cocaine seized from two convicted drug dealers.
On March 7, 2022, Kyari and others were arraigned alongside Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, the two suspected drug traffickers who were arrested at Akanu Ibiam International Airport, Enugu by the officers.
Upon arraignment, Kyari and four other defendants pleaded not guilty and Umeibe and Ezenwanne, the 6th and 7th defendants, pleaded guilty and were convicted accordingly.
After the NDLEA closed its case, each of the defendants opted for a no-case submission, arguing that no evidence had been adduced by the prosecution on which the court could convict them.
Delivering ruling on the no case submission, Justice Nwite held that with the state of evidence led so far by the prosecution, he was convinced that a prima facie case had been established against the defendants to require them to put forward their defence.
