The Federal High Court in Abuja, on Monday, has fixed March 28, to give a ruling on the bail request by Abba Kyari, a suspended deputy commissioner of police, and his co-defendants, who are jointly facing charges of illegal dealing in cocaine.
Emeka Nwite, the sitting judge, adjourned for ruling after listening to arguments from lawyers to the parties in the suit.
It could be recalled that The Informant247 reported, a week ago, that Mr. Kyari; Sunday Ubua, an assistant commissioner of police; Bawa James, an assistant superintendent of police; Simon Agirgba, an inspector; John Nuhu, also an inspector, were arraigned along with two others on eight charges. They pleaded not guilty at the mentioning stage of the trial.
However, two of Mr Kyari’s co-defendants, Chibuna Umeibe and Emeka Ezenwanne, who are non-police officers, pleaded guilty to the charges on March 7, during their arraignment.
The Charge
Mr Kyari and the four IRT members were charged by The National Drug Law Enforcement Agency (NDLEA) prosecutors for illicit dealing in 21.35kg of cocaine between January 19 and 25, 2022, thereby culpable an offence contrary to and punishable under section 11(c) of the NDLEA Act.
The 21.35kg of cocaine was said to have been brought into Nigeria via the Akanu Ibiam International Airport, Enugu, Enugu State, on January 19, 2022.
In one of the charges, NDLEA alleged that Mr Kyari and the four IRT operatives illicitly tampered with the 21.35kg of cocaine by removing 17.55 kg of it and “substituting same with some other substance”. The offence is said to be contrary to and punishable under section 14(b) of the NDLEA Act.
Similarly, the prosecutors also accused Mr Kyari, in a separate count which accentuates only him as the defendant. He was accused of attempting to obstruct the NDLEA and its officers by giving $61,400 to a senior anti-narcotics operative as a stimulus to prevent the testing of the 17.55kg of cocaine.
Bail is constitutional
The issue of bail is constitutional. This is a conditional right guaranteed under Section 35 of the constitution. Once a person can get reliable sureties and the offence is a bailable one, then bail ought to be granted and trial should commence.
