Abba Kyari, suspended deputy commissioner of police (DCP),
has asked a federal high court in Abuja not to remand him in prison.
Kyari was on Monday, arraigned alongside Sunday J Ubia, Bawa
James, Simon Agirigba and John Nuhu who are members of the police Intelligence
Response Team (IRT).
Others are Chibunna Patrick Umeibe and Emeka Alphonsus
Ezenwanne, two alleged drug traffickers who were arrested at Akanu Ibiam
International Airport, Enugu.
In the charge marked FHC/ABJ/57/2022 the agency accused the
defendants of conspiracy, obstruction and dealing in cocaine worth 17.55
kilograms.
Upon arraignment on Monday, Kyari and four other defendants
pleaded not guilty.
However, the sixth and seventh defendants pleaded guilty and
begged the court to “have mercy”.
Kyari through his lawyer, Kanu Agabi, prayed the court to
allow him to remain in the custody of the NDLEA pending the hearing and
determination of his fresh application for bail.
While noting that the application has been filed and served
on all parties, Agabi said the offences against his clients (Kyari and Ubua)
are bailable.
“We appeal that they be kept in NDLEA custody until the bail
is heard. They lose nothing if they do that,” Agabi said.
The NDLEA lawyer did not oppose the request that the
defendants continue to stay in the custody of the agency.
But the bail application was not heard because not all
processes were before the court.
Shortly after the defendants entered their plea, the NDLEA,
through its director of prosecution & legal services, Joseph Sunday,
applied for a trial date and for the review of facts in respect of the
defendants that pleaded guilty to the charge.
However, Agabi, opposed the submission of the prosecution
that the case of the sixth and seventh defendants be reviewed and discharged
owing to their guilty plea.
He said it will be prejudicial to his client if the facts of
the case are reviewed and a decision is reached on it while the trial is still
subsisting.
“It is not in the interest of justice for the facts to be
reviewed while the trial is still ongoing,” he added.
He said both Umeibe and Ezenwanne (sixth and seventh) were
mentioned in some counts in the charge that involved Kyari and the others.
On his part, the prosecution maintained that reviewing the
facts of the case would not prejudice DCP Kyari and the others.
Sunday said the plea of guilt of some of the defendants does not rub off on the others.
“My lord, this sort of application by the defence is to
undermine the capacity of this court,” he said.
“This case to be considered on the basis of evidence before
the court. I do not see how the first to fifth defendants will be prejudiced
since we are going to confront them with evidence against them”
“The most proper thing is to dispose the case against the
sixth and seventh defendants.
“It will be unjust and unfair to keep the two defendants in
custody while waiting for conclusion of the trial of the others.
“It is better for them to be convicted to enable them to
start serving their sentence.”
After he listened to oral arguments from both sides, Emeka
Nwite, the judge, said he would want the parties to formally address the court
on the issue on March 28.
The judge ordered that the defendants continue their
detention in NDLEA custody pending hearing of the bail application on March 14.
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