The Federal High Court in Abuja has made an order of accelerated hearing as suspended DCP Abba Kyari and his co-defendants resumed their defence. This development occurred when the matter came up for hearing after it was adjourned indefinitely on May 20. The adjournment was due to Justice Emeka Nwite's shortlisting for elevation to the Court of Appeal.
According to reports, the National Judicial Council had, at its 111th meeting, forwarded 12 High Court judges, including Nwite, to President Bola Tinubu for appointment as justices of the Appeal Court. The case involves Kyari, the former head of Police Intelligence Response Team, and four other suspended IRT officers. They are being prosecuted by the NDLEA on an eight-count charge.
The NDLEA had accused Kyari and the officers of conspiracy and obstruction in the illegal dealing in cocaine and importation of cocaine preferred against two convicts. The four officers are ACP Sunday J. Ubua, ASP Bawa James, Insp. Simon Agirgba, and Inspector John Nuhu. The two convicted drug traffickers, Chibunna Umeibe and Emeka Ezenwanne, were listed as sixth and seventh defendants.
When the case was called, the judge asked for the position of the case. The prosecution informed the court that following the judge's recommendation for elevation, the case was adjourned sine die. However, based on subsequent developments and the consent of all counsel, parties agreed that the matter should proceed pending the president's approval of the judge's appointment.
The prosecution recalled that on March 16, the 2nd defence witness, Insp. El-John Nwonke, concluded his evidence. However, the senior lawyer for the first defendant indicated that he would want to review the testimony of the witness before cross-examination. The matter was then adjourned to May 20 and 21 for hearing.
The defence lawyers did not oppose the expeditious determination of the case but sought an adjournment. The judge consequently adjourned the case until October 5 for continuation of defence. The court had, on February 27, admitted video evidence tendered by the defence witness as an exhibit in the trial of Kyari and others.
The video contains the confessional statements of the two drug traffickers, Umeibe and Ezenwanne, who were convicted on June 14, 2022. The defence witness, Nwonke, narrated how NDLEA operatives allegedly shielded the two convicted drug traffickers at the Enugu Airport on January 19, 2022, before the police arrested them. The witness said the convicts confessed that they were arrested by the IRT with a 21.55 kilogramme consignment of cocaine at the airport.
Key points
- The Federal High Court in Abuja has ordered an accelerated hearing in the trial of suspended DCP Abba Kyari and his co-defendants.