The Federal High Court in Abuja has directed the suspended Deputy Commissioner of Police, Abba Kyari, and five others to open their defence over allegations of tampering with 17.55 kilograms of cocaine. The order was issued by Justice Emeka Nwite on Friday, following the dismissal of their no-case submissions.
The case, filed by the National Drug Law Enforcement Agency (NDLEA), stems from charges that Kyari and his co-defendants unlawfully tampered with a 21.35kg cocaine haul seized from two suspected traffickers between 19 and 25 January 2022, while in custody at the Intelligence Response Team (IRT) office in Abuja.
An excerpt from one of the charges reads:
“That you, DCP Abba Kyari, ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirigba, and Inspector John Nuhu… unlawfully tampered with 21.35 kilograms of cocaine… by removing and disposing of 17.55 kilograms of the cocaine and substituting it with another substance, thereby committing an offence contrary to and punishable under Section 16 of the NDLEA Act, CAP N30, LFN 2004.”
Alongside the five police officers, two civilians—Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne—were also initially arraigned. While the officers pleaded not guilty, the civilians admitted to possessing the cocaine and subsequently entered plea bargains with the NDLEA. They were sentenced to two years’ imprisonment on 14 June 2022.
Legal Proceedings and Court Ruling
During the trial, NDLEA prosecutor Sunday Joseph presented multiple witnesses and evidence indicating that the officers had allegedly tampered with the confiscated cocaine. Upon closure of the prosecution’s case, the defence teams submitted no-case applications, asserting the evidence was insufficient to warrant a defence.
Ruling on the applications, Justice Nwite held that a prima facie case had indeed been established.
“In view of the foregoing, I am of the view, and I so hold, that a prima facie case has been made out against the 1st defendant (Abba Kyari) in the five-count charge (of drug trafficking). I hereby order him to enter his defence on all five counts,” the judge stated.
He rejected the argument that the NDLEA must prove the precise amount of cocaine involved, noting:
“There is absolutely nothing in the section under which the defendants were charged that provides different punishments based on the quantity of cocaine involved.”
Justice Nwite emphasised that the core of the offence lies in the act of tampering or possession of illicit drugs, not the exact volume. Accordingly, the no-case submissions of Kyari’s co-defendants were also dismissed, with the judge ordering all six to proceed with their defence.
The matter has been adjourned to 21 May 2025 for the continuation of trial.