• Seeks bail application review as NDLEA kicks
The suspended Deputy Commissioner of Police (DCP), Abba Kyari, who is facing drug trafficking charges, yesterday, begged the Federal High Court sitting in Abuja to release him on bail, alleging a threat to his life.
But, in a counter-affidavit, the National Drug Law Enforcement Agency (NDLEA) has, through its Director, Legal Department, Mr. Sunday Joseph, urged the court to refuse the fresh bail request by the defendants.
The prosecution counsel, who accused the defendants of employing delay tactics, maintained that the matter was originally slated for the review of facts relating to two self-confessed drug traffickers, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwane, who was linked to the suspended DCP Kyari.
The self-confessed drug merchants, who were listed in the charge marked FHC/ABJ/57/2022, as sixth and seventh defendants, were arrested at the Akanu Ibiam International Airport, in Enugu, while attempting to smuggle cocaine into the country. They had, upon their arraignment alongside Kyari, on March 7, pleaded guilty to the drug trafficking charge.
Although Kyari and others pleaded not guilty to the charge against them, they contended that reviewing the facts of the case or sentencing Umeibe and Ezenwanne, while their trial is still ongoing, would be prejudicial to them.
Besides, they further drew the attention of the court to the fact that both Umeibe and Ezenwanne were also mentioned in some counts in the charge that involved him and the other accused police officers.
Justice Emeka Nwite had, in his ruling delivered on April 28, dismissed Kyari’s objections and held that it would go ahead to review the facts of the case against Umeibe and Ezenwanne.
However, in a fresh bail application through his legal team, led by Dr. Onyechi Ikpeazu (SAN), Kyari told the court that he was feeling unsafe at the Kuje Correctional Centre, where he said he was being remanded with hardened criminals. Ikpeazu informed the court that his client had filed an appeal against the ruling of the court.
Ikpeazu, who is lead counsel to Kyari and ACP Sunday Ubia, submitted that given the antecedent of his client as serving police officers, the fresh application was necessary, in order to protect their lives. The defence counsel informed the court that some of the inmates on remand at the Kuje Correctional Centre were people that Kyari’s team at the Police Intelligence Response Team (IRT) made their arrest possible.
Meanwhile, Justice Emeka Nwite adjourned the case till June 14, to hear the defendants’ fresh application for bail.
In a counter-affidavit deposed to by Stephen Kashawa, the NDLEA urged the court to determine whether or not the facts and circumstances of the case were appropriate for the court to take a second look at the bail application of the defendants and grant the same.
The agency argued that the issues canvassed by the defendants in their fresh bail applications are not issues for consideration within the purview of section 162 of the Administration of Criminal Justice Act (ACJA) 2015.
