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The federal high court in Abuja has ordered Abba Kyari, the suspended deputy commissioner of police (DCP), and his co-defendants to enter their defence in their trial over alleged drug trafficking.
Ruling on the no-case applications filed by the defendants, Emeka Nwite, the trial judge, on Friday, held that a prima facie case had been presented against Kyari and his co-defendants.
BACKGROUND
Kyari was arrested on February 14, 2022, after the National Drug Law Enforcement Agency (NDLEA) declared him wanted over alleged links with an international drug cartel.
On March 7, 2022, Kyari was arraigned alongside Sunday Ubia, Bawa James, Simon Agirigba, and John Nuhu, who were members of the police intelligence response team (IRT), on charges bordering on alleged conspiracy to deal in 17.55 kilograms of cocaine.
Others are Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, two suspected drug traffickers arrested at Akanu Ibiam International Airport, Enugu.
When they were arraigned, Kyari and four other defendants pleaded not guilty.
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However, Umeibe and Ezenwanne, the sixth and seventh defendants, pleaded guilty and were convicted accordingly.
During the trial of the defendants, the NDLEA presented its case.
Recently, the anti-drug agency closed its case, and each of the defendants presented no-case submission applications.
The defendants had argued that the prosecution failed to adduce any evidence that could convict them.
THE RULINGS
During the court proceedings on Friday, the judge delivered five separate rulings.
Delivering his ruling on Kyari’s application, Nwite ruled that he was convinced that a prima facie case had been established, adding that the defendant is required to put forward his defence.
The judge ruled that the argument of Kyari’s lawyer that NDLEA must sufficiently prove the amount of cocaine on the face of the charge is not the requirement of the law.
He added that there is nothing in the section of the law on which the defendants were charged that states different punishment as it relates to the quantity of cocaine, whether the charge provides for one kilogram or more.
The judge ordered Kyari to enter his defence on all five counts filed against him since a prima facie case had been established.
The judge gave a similar ruling to the application of the four other defendants and adjourned the case to May 21 for them to open their defence.
