Photo: Disgraced maverick officer Abba Kyari
By Didimoko A Didimoko
A Federal High Court in Abuja has ruled that embattled former Deputy Commissioner of Police Abba Kyari and four other officers of the Intelligence Response Team (IRT) must face trial over drug-related charges, rejecting their no-case submissions.
Justice Emeka Nwite, who presided over the case, determined that the prosecution—led by the National Drug Law Enforcement Agency (NDLEA)—had presented sufficient evidence to warrant a full defence from all five accused.
Kyari, alongside ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu stand accused of conspiring to traffic 17.55 kilograms of cocaine, unlawfully engaging in narcotics dealings, and tampering with over 21 kilograms of cocaine recovered from convicted traffickers.
Following the prosecution’s presentation of its case, which included multiple witness testimonies, the defence team for each accused officer argued that the evidence presented was inadequate and failed to establish a credible case. They asked the court to dismiss the charges outright.
But Justice Nwite dismissed these arguments, ruling that the case presented by the NDLEA had crossed the legal threshold necessary to call for a defence. He emphasized that the quantity of cocaine referenced in the charges—whether more or less than the stated 17.55kg—was irrelevant to the determination of a prima facie case.
He further clarified that the specific legal provisions invoked by the prosecution do not differentiate punishment based on the exact amount of drugs involved, noting that the law applies uniformly regardless of quantity.
“In light of the evidence before the court, I find that a prima facie case exists against the first defendant in all five counts. He is, therefore, required to enter his defence,” Justice Nwite stated. The same order was issued for the four other defendants.
The case has been adjourned to May 21, when the defence is expected to begin presenting its case.
